Phonographic Performance Limited Vs Urban Mayabazar:August 08, 2025:Commercial IP Suit (L) No. 11705 of 2025 :High Court of Bombay:Sharmila U. Deshmukh, J.
Facts: The plaintiff, Phonographic Performance Limited, owns copyright in sound recordings through assignments from various music companies, enabling it to license public communication of its repertoire under Section 30 of the Copyright Act, 1957. Defendant No.1, a partnership firm, operates three renowned restaurants and bars in Hyderabad and Telangana, where the plaintiff's sound recordings are played without license, including during a New Year event on 31st December 2024.
Procedural Background: The plaintiff filed an interim application seeking injunction against the defendants for copyright infringement, with notices issued on 30th December 2024 and 3rd February 2025 remaining unresponsive. The matter was heard on 8th August 2025, with no appearance from the defendants despite service.
Core Dispute: The dispute centers on the defendants' unauthorized public performance of the plaintiff's sound recordings at their premises and events, including a confirmed instance on 31st December 2024, and an anticipated event on 8th August 2025, constituting copyright infringement.
Decision: The court granted ad-interim relief, issuing an injunction restraining the defendants from publicly performing or communicating the plaintiff's sound recordings without a license, pending the suit's final disposal. The matter is listed for 17th September 2025, with the relief continuing until then.
Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi
Disclaimer: This information report is intended for informational purposes only and does not constitute legal advice.
No comments:
Post a Comment