Summary
In the case of Gurbaaz Pratap Singh Mann vs Kunwar Raghav Bhandari and Ors., the Delhi High Court looked at whether copyright can protect a game format and its rules, and whether infringement was made out. The court held that copyright protects expression and not ideas, and that game formats and rules fall within the domain of ideas. It further held that no infringement occurred as the defendants had not copied any protectable expression.
Background
Copyright in Game Format and Literary Work
In this case, the plaintiff created a modified format of golf titled “Shot Squad League” and obtained copyright registration for a literary work describing its rules, format, and gameplay. The defendants launched a competing format and used a document setting out their own rules. The plaintiff alleged that the defendants copied the structure, mechanics, and features of the game and sought an injunction for infringement.
Questions Before the Court
1. Whether the format, rules, and mechanics of a game constitute protectable expression or unprotectable ideas.
2. Whether copyright can subsist in game formats and rules.
3. Whether the doctrine of merger applies to such works.
4. Whether the defendants infringed the plaintiff’s copyright by copying protectable expression.
Arguments Presented By the Parties
Plaintiff’s Arguments
The plaintiff argued that the game format reflected a unique combination of rules, structure, and gameplay, and that this amounted to original expression. They stated that the literary work describing the format was registered and protected.
The plaintiff further argued that the defendants reproduced substantial parts of this expression, including team structure, gameplay mechanics, and scoring systems. They stated that infringement includes colourable imitation and not only exact copying.
Defendants’ Arguments
The defendants argued that copyright does not protect ideas, concepts, or methods of play. They stated that game formats and rules are ideas and remain free for all to use.
The defendants further argued that the doctrine of merger applies, as rules of a game can be expressed only in limited ways. They stated that granting protection would create a monopoly over the idea itself. They also argued that no copying of expression had taken place.
Court’s Analysis of Idea versus Expression, Game Formats, Doctrine of Merger, and Infringement
The Court began its analysis by reiterating a settled principle of copyright law, namely, that copyright protects only the expression of an idea, and not the idea itself. Ideas, principles, systems, and methods belong to the public domain. What the law protects is the manner in which such ideas are expressed.
Building on this principle, the Court observed that any person is free to take an idea and develop it in his or her own way. Mere similarity flowing from a common idea does not amount to infringement. For infringement to arise, there must be copying of the protected expression, and that too in a substantial and material manner.
Applying this principle to games, the Court held that game formats, rules, and mechanics are part of the idea or system underlying the game. Such elements, in the Court’s view, cannot be monopolised through copyright. The Court clarified that while a literary work describing a game may qualify for protection, such protection does not extend to the underlying rules, structure, or method of play. In other words, copyright may subsist in the written description of a game, but not in the game concept itself.
The Court then considered the doctrine of merger. It noted that where an idea can be expressed only in a limited number of ways, the idea and its expression merge. In such cases, granting copyright protection to the expression would, in effect, amount to granting protection to the idea itself, which copyright law does not permit. According to the Court, rules of a game often fall within this category because they can usually be expressed only in a limited manner. Extending protection in such circumstances would unfairly prevent others from using the underlying idea or format of the game.
At the same time, the Court recognised that the plaintiff did hold copyright in the literary work that described the game format. However, it made it clear that such protection was confined to the written expression contained in that work, and did not extend to the mechanics, rules, or operational structure of the game.
Having drawn this distinction, the Court turned to the question of infringement. It held that the real issue was whether the defendants had copied the protectable expression found in the plaintiff’s literary work. The comparison, therefore, had to focus on substantial similarity in expression, and not on resemblance at the level of ideas, concepts, or general features.
On comparing the plaintiff’s work with the defendants’ material, the Court examined each of the similarities alleged by the plaintiff. It found that features such as team play, allocation of roles, scoring methods, number of holes, and overall game structure either formed part of traditional golf or reflected broad, unprotectable ideas. The Court further noted that the defendants’ format contained important differences. It permitted flexibility in role assignment, followed different timing rules, and incorporated distinct elements in gameplay.
In view of these differences, the Court concluded that the defendants had not reproduced the plaintiff’s expression. At best, they had adopted broad concepts and developed them in their own manner. That, according to the Court, did not amount to copyright infringement.
The Court therefore held that the plaintiff had failed to establish copying of any substantial or material part of the protected literary work. In substance, the claim sought protection over the game format itself, and not merely over its expression. Since copyright law does not protect game formats, rules, or methods of play as such, the claim could not succeed.
Findings
The court held that copyright does not subsist in game formats, rules, or methods of play as they constitute ideas. It found that the plaintiff’s literary work is protected, but the underlying mechanics are not. It held that the doctrine of merger further limits protection where idea and expression are inseparable. It concluded that no infringement was made out and dismissed the application for interim injunction.
Relevant Paras
“There can be no copyright in an idea… violation… is confined to the form, manner and arrangement and expression of the idea.” (Para 25.3) “Copyright… does not grant… protection on ideas and facts… only the creative expression… is protected.” (Para 25.7)
“Where the idea and expression are inextricably connected… it would not be possible to distinguish between the two.” (Para 25.7) “The above analysis shows that the infringement alleged… is not borne out from the comparison…” (Para 31)
Case Citation
Gurbaaz Pratap Singh Mann v. Kunwar Raghav Bhandari & Ors., CS(COMM) 700/2024 (Del. HC Apr. 10, 2026) Indian Kanoon link: http://indiankanoon.org/doc/129964370/
Visited on: 14 April 2026
Disclaimer
This case blog is based on the author’s understanding of the judgment. Understandings and opinions of others may differ. An AI application was used to generate parts of this case blog. Views are personal.