Thursday, February 29, 2024

Tips Industries Files Copyright Suit Against “Gaana App” Before Bombay HC

The Tips Industries has filed a copyright suit before Bombay High Court in its repertoire as defendant “Entertainment Network (Kindia) Ltd” is streaming of the applicant’s repertoire on “Gaana App” without applicant’s permission.

The case was heard by single judge bench of Justice G.S. Kulkarni, wherein the applicant-plaintiff “Tips Industries Limited” had filed the above suit seeking reliefs of a permanent injunction against defendant no.1 “Entertainment Network (Kindia) Ltd” on the ground of alleged infringement of the applicant’s (plaintiff’s) copyright in its repertoire.

It was applicant’s case that defendant no.1 is illegally broadcasting the plaintiff’s repertoire without any existing agreement in its favour, thereby infringing the plaintiff’s copyright.

The applicant stated that in May 2020 the applicant had come to know of defendant no.1 is streaming of the applicant’s repertoire on defendant no.2’s digital platform “Gaana” without applicant’s permission and in breach of the plaintiff’s copyright in its repertoire.

It was submitted that such streaming by defendant no.1 is causing significant financial loss to the plaintiff/applicant.

Court observed that “It may not be necessary to adjudicate this application today as on behalf of defendant no.1 Dr.VirendraTulzapurkar, learned Senior Counsel, on instructions has made the following statement which would operate as an ad interim arrangement between the parties:

“Without prejudice to the rights and contentions of the plaintiff and defendant no.1, defendant no.1 states that pending the next hearing of the interim application, defendant no.1 is at present not providing and will not provide to defendant no.2 or to any other internet service the plaintiff’s repertoire on digital or internet platforms. This is without prejudice to defendant no.1’s rights and contentions to claim statutory licenses and compulsory licenses in respect of the aforesaid repertoire, in accordance with the provisions of the Copyrights Act,1957.”

The Statement above so said by the Counsel of defendant was accepted by the court and thus the High Court had posted the matter after eight weeks.

-India Legal Bureau


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