Introduction:

In a recent commercial intellectual property rights (IPR) suit, Phonographic Performance Limited (PPL) found itself in a legal tussle with Hi-Lite Realtors (India) LLP over alleged copyright infringement. The Hon’ble Bombay High Court, presided by Justice R I Chagla, faced the decision of granting an ad-interim injunction to PPL, seeking to halt the unauthorized use of its protected sound recordings by Hi-Lite Realtors at an upcoming New Year’s Eve event in Kerala on December 31, 2023.

Arguments of Both Sides:

PPL, represented by Mr. Amogh Singh and team, contended that Hi-Lite Realtors had a history of infringing copyright, citing instances from the year 2022 that triggered legal notices. The plaintiff argued that, with a repertoire of over 70 lakh songs, some potentially featured in the defendant’s event, there was a substantial risk of infringement. PPL’s application sought a fourfold relief, including restraining the defendants from public performance, appointing a Court Receiver to seize sound recordings, disclosure of earnings from the alleged infringement, and maintaining records of all played sound recordings.

On the other side, Mr. Hiren Kamod and his team, representing Hi-Lite Realtors, contended that they responded to PPL’s notice, expressing concerns about the exorbitant license fees charged by the plaintiff. The defense argued against the need for an interim injunction, emphasizing their compliance with licensing formalities for previous events. They maintained that the requested relief was unwarranted and hinted at addressing the issue through negotiation rather than litigation.

Court’s Judgement:

The Hon’ble Bombay High Court, while acknowledging PPL’s concerns, opted not to grant an ad-interim injunction. Instead, the court adjourned the matter, scheduling a hearing for ad interim relief on January 5, 2023. The defendants were directed to submit an affidavit-in-reply within two weeks from the order date.