Delhi HC dismisses Pocket FM’s plea against release of Disney+Hotstar’s ‘Yakshini’

New Delhi: On Thursday, the Delhi High Court dismissed Pocket FM's plea for a temporary injunction against the release of Disney+Hotstar’s television series "Yakshini," citing insufficient evidence. The court, led by Justice Neena Bansal Krishna, noted that while similarities were claimed between the characters "Yakshini" and "Aghori," there was no proof of copyright infringement.

Pocket FM, represented by Senior Advocate Darpan Wadhwa, argued that they had licensed and adapted the literary work "Yakshini" into an audio format in 2021, asserting that Disney+Hotstar produced a similar series without authorisation. They sought damages of at least Rs. 2,00,01,000, alleging misrepresentation and potential damage to their goodwill.

However, the court emphasized that copyright protects the specific expression of ideas, not the ideas themselves. The court noted that "Yakshini" is a mythological character mentioned in various scriptures and widely available sources, including Wikipedia. Despite Pocket FM's claims, there was no substantial evidence that Disney+Hotstar's series closely resembled or copied their work.

The court also observed that the series had already been announced on Twitter on May 10, 2024, with a trailer released on YouTube on May 27, 2024, and the series set to launch on June 13, 2024. The court concluded that mere similarity in name was insufficient for a copyright violation and that no prima facie case was established.

The matter is scheduled for further consideration on July 10, 2024.