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Novex Communication Private Limited vs Nehru Place Hotels Private Limited on 6 January, 2022

Author: Yogesh Khanna

Bench: Yogesh Khanna

                                $~14
                                *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                +    CS(COMM) 7/2022
                                     NOVEX COMMUNICATION PRIVATE LIMITED ..... Plaintiff
                                                   Through : Mr.C.M.Lall, Sr Advocate with
                                                             Mr.Jasdeep Singh Dhillon, and
                                                             Ms.Ananya Chugh, Advocates.

                                                        versus
                                      NEHRU PLACE HOTELS PRIVATE LIMITED ..... Defendant
                                                        Through : None.
                                      CORAM:
                                      HON'BLE MR. JUSTICE YOGESH KHANNA
                                                        ORDER

% 06.01.2022

1. The hearing has been conducted through Video Conferencing.

2. Since the urgent reliefs are sought by the plaintiff, the requirement of pre-institution mediation is dispensed with.

3. The application stands disposed of.

IA Nos.169-170/2022

4. Exemption allowed, subject to all just exceptions.

5. The applications stand disposed of.

CS(COMM) 7/2022 & IA No.168/2022

6. Plaintiff files this suit for permanent injunction, restraining infringement of copyright, damages, rendition of accounts of profit, etc against the defendant.

7. The learned senior counsel for the plaintiff submits in the year 2002 the plaintiff company was established and presently it is the copyright owner of a large repertoire of sound recordings. For the use of these sound recordings the plaintiff issues licenses authorizing public performance of Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:07.01.2022 18:10 these sound recordings. These licenses include public performance licenses to hotels, restaurants, lawns, discotheque, resorts, malls and other venue for communication to the public on a commercial basis.

8. It is submitted during April 2017, Eros International Media Limited vide Authority Letter and Deed of Partial Assignment Agreement has transferred 'On ground performance rights' in respect of "sound recordings"

of the songs contained in the films/albums which are a part of the repertoire of EROS in favour of the Plaintiff as it's 'Assignee'. Various other companies have also assigned their rights in favour of the plaintiff.

9. The learned senior counsel for the plaintiff alleges on 08.09.2021 the authorised representative of plaintiff visited the premises of defendant and found to be blatantly infringing the plaintiffs copyrights by playing and publicly performing and commercially exploiting the songs of label of EROS. Thereafter on 20.09.2021, a legal notice was issued to the defendant calling upon it to (i) cease and desist from violating Plaintiffs copyrights; (ii) give an undertaking to the Plaintiff that they would not infringe the Plaintiffs copyright; and (iii) to contact the Plaintiffs representative for taking the requisite authorisation; etc. amongst other demands. However, the defendant has failed to reply to the said legal notice and is unauthorizedly, illegally and with malafide intent using and commercially exploiting the intellectual property rights of the Plaintiff in varied sound recordings without the knowledge, permission or authority of the Plaintiff.

10. Considering the above, the plaintiff has a prima facie case; balance of convenience lies in its favour; and in case the defendant is not restrained ex parte, the plaintiff shall suffer irreparable loss and injury.

11. In the circumstances, summons of the suit and notice of injunction Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:07.01.2022 18:10 application be issued to defendant through all modes/email and whatsapp returnable before the Joint Registrar on 04.04.2022.

12. Till the next date of hearing, the defendant, its partners, directors, their servants, employees, agents, assignees, licensees, representatives, third party event management companies, third party event organizers or otherwise and/or any person claiming through them or acting on their behalf, are restrained in terms of prayer (a) of the injunction application till the next date of hearing, unless the defendant pay the requisite fee to plaintiff and seek its license. Compliance of Order 39 Rule 3 CPC be made by plaintiff within one week.

13. Upon completion of service/pleadings, the matter be listed before this Court. Order dasti.

YOGESH KHANNA, J.

JANUARY 06, 2022 M Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:07.01.2022 18:10