Bombay High Court Declines Interim Injunction In Favour Of Phonographic Performance Ltd In The Case Of Hi-Lite Realtors' New Year's Event

In the commercial suit instituted by PPL for action against alleged copyright infringement by the defendants, for using their sound recordings without a permit, an application was filed by PPL restraining the Hi-LITE Realtors from a potential infringement and unauthorized public performance of its sound recordings to be performed during an upcoming New Year's Event at HiLITE Mall, Kerala.

The interim application raised apprehension, that having a repertoire of over 70 lakh songs some of which might be played at the Defendant's upcoming event, there is a potential risk of infringement and unauthorised use by the Defendants. The application also pointed out that the Defendants in past instances have been obtaining licenses for similar events and are in complete knowledge of the requisite formalities needed for the upcoming event. Further, it was contended that HiLITE Mall have infringed its copyright on multiple occasions in the year 2022 which being the cause of action led to several notices being issued.

It was argued that, seeing the past conduct of the defendants, the defendant would violate the plaintiff's rights under section 30 of the Copyright Act,1957 which provides for the right of the owner of a copyright to grant any interest in the copyrights by license.

The main interim reliefs sought were fourfold, (1) restraining the respondents from publicly performing or communicating the sound recordings/ allowing their premises to use the same without obtaining non-exclusive public performance rights; (2) appointment of a Court Receiver to seize with police assistance all sound recordings stored in disks, CDs, etc; (3) disclosure by defendants of all amounts earned at the behest of such infringement; and (4) directing the defendants to maintain recordings of all sound recordings played at its premises and produce the same before the High Court when directed.

The Defendants contended that they have duly replied to the notice raising their concern about the exorbitant license fees charged by Plaintiff.

Though interim relief was sought, the High Court was not inclined and adjourned the matter for hearing for ad interim relief on 5^th January 2023. The defendants were further directed to file an affidavit-in-reply within a period of two weeks from the date of the order.

Case Details: Phonographic Performance Limited v. Hi-Lite Realtors (India) LLP & Ors. COMMERCIAL IPR SUIT (L) NO.34601 OF 2023

Counsel for Plaintiffs : Mr. Amogh Singh along with Ms. Asmant Nimbalkar, Mr. Neeraj Nawar & Ms. Shivani Rane instructed by D.P. Singh, Advocates for the Applicant / Plaintiff

Counsel for Defendants: Mr. Hiren Kamod along with Mr. Zoheb Khatri and Mr. Shubham Khaire instructed by IndiaLawLLP.