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Bombay HC Clears Manjrekar’s Film for Release, Says ‘Shivaji’ Name Isn’t Exclusive

The court set November 17 for a full hearing on the infringement claims.

Overview

  • The Bombay High Court refused an interim stay, allowing Punha Shivajiraje Bhosale to release on October 31 as scheduled.
  • Justice Amit S. Jamsandekar found no prima facie substantial copying and described the defendants’ movie as an entirely new work.
  • The court held that names like Chhatrapati Shivaji Maharaj and Shivajiraje Bhosale cannot be monopolised, and that common Marathi phrases cited as copied are not protectable.
  • Everest Entertainment was faulted for a gross and inordinate delay in filing, with the court discouraging last‑minute bids to halt film releases and noting the balance of convenience favored the producers.
  • Everest claims exclusive sequel and derivative rights from a 2013 agreement, while the defense says the new film centers on distinct themes including farmers’ distress and corruption.