Pocket FM Private Limited Vs Mebigo Labs Private Limited:10.07.2025: CS(COMM) 686/2025: High Court of Delhi: Hon’ble Mr. Justice Saurabh Banerjee
In the case of Pocket FM Private Limited vs Mebigo Labs Private Limited, CS(COMM) 686/2025, decided on 10.07.2025 by the High Court of Delhi, Hon’ble Mr. Justice Saurabh Banerjee presided over a commercial intellectual property dispute.
The plaintiff, Pocket FM Private Limited, sought permanent injunction against Mebigo Labs Private Limited (operating Kuku FM) for alleged copyright infringement, trademark passing off, unfair competition, unjust enrichment, and other related claims. The plaintiff also sought urgent interim relief, exemption from pre-litigation mediation, and various ancillary orders.
The factual background of the case involves Pocket FM’s claim that it owns and operates several copyrighted audio series including “Super Yoddha,” “Insta Empire,” “Amrapali,” “Vashikaran,” and “The Immortal Warrior.” The plaintiff alleged that the defendant launched and streamed five audio series—“Shivay: Brahmaand ka Yoddha,” “Jobless Ghar Jamai,” “The Legend of Amrapali,” “Avtaar,” and “Immortal Yoddha”—which are deceptively similar in titles, storylines, characters, and other creative elements to the plaintiff’s works. The plaintiff argued that this constitutes copyright infringement and passing off, resulting in loss of user traffic and revenues.
The procedural background reveals that the plaintiff filed the suit in July 2025 after claiming to have discovered the infringing content in June 2025. However, the defendant pointed out that the impugned series had been on air since as early as July 2024, with the latest episodes being released in May 2025. The parties had a prior history of intellectual property litigation, with Pocket FM previously instituting CS(COMM) 875/2024 and CS(COMM) 585/2025 against the same defendant for similar issues. The plaintiff sought urgent interim relief under Order XXXIX Rules 1 and 2 of the CPC, claiming continuous losses due to redirection of user traffic to the defendant’s platform.
The core dispute centers on whether the defendant’s series on Kuku FM amount to copyright infringement and passing off of the plaintiff’s original series. The plaintiff contended that the defendant not only copied titles but also substantially copied content, character traits, and storylines, creating confusion in the minds of the audience. The plaintiff also alleged that the defendant is a habitual offender with a pattern of similar infringements. The defendant argued that the suit was filed with mala fide intent to obstruct competition and that the plaintiff had delayed approaching the Court despite being aware of the broadcasts since 2024.
The Court ,considering that the plaintiff was engaged in other similar lawsuits during this period, the Court found it appropriate to issue notice on the interim injunction application but declined to grant an immediate ad-interim injunction without hearing the defendant fully.
However, the Court restrained the defendant from releasing any new episodes of the five impugned series until the next date of hearing. The matter was listed for further consideration
