Thursday, August 15, 2024

Mrt Music Vs Paramvah Studios Private Limited

In the High Court of Delhi, M/S MRT Music has filed a suit against Paramvah Studios Private Limited and others in case CS(COMM) 680/2024. The plaintiff seeks to restrain the defendants from infringing its copyright, claiming damages and an accounting of profits due to the unauthorized use of its works.

The plaintiff alleges that the defendants used two of its copyrighted songs without permission in a Kannada-language film titled "Bachelor Party," which is currently available on an OTT (Over-The-Top) platform owned by defendant no. 3. The plaintiff, which is a prominent regional music company in India, boasts a vast repertoire of copyrighted works, including the two songs in question. These songs are not only significant to the plaintiff's catalog but also represent a critical source of revenue for the company.

Despite the plaintiff’s attempts to negotiate a licensing agreement for the songs, the discussions between the parties failed to yield any results, leading to a breakdown in negotiations. The plaintiff contends that the defendants proceeded to use the songs without obtaining the necessary licenses, thereby infringing upon its copyright. This unauthorized use has not only deprived the plaintiff of potential earnings from licensing fees but has also harmed its reputation in the music industry.

In response to the plaintiff's allegations, the court conducted a preliminary examination of the case and found a prima facie case in favor of the plaintiff. Consequently, the court issued an order directing the defendants to deposit ₹20 lakhs as an interim measure to secure the plaintiff's potential claims for damages. Additionally, the court mandated the defendants to remove the infringing content related to the copyrighted songs from their Instagram handle, effectively curtailing the ongoing infringement while the case is being adjudicated.

Case Citation: Mrt Music Vs Paramvah Studios Private Limited:12.08.2024 : CS(COMM) 680/2024: Delhi High Court: Mini Pushkarna: H.J

Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]
United & United
Ph no: 9990389539

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