Delhi High Court: In a suit filed by Novex Communications Pvt. Ltd. (‘Novex’) seeking permanent injunction to restrain Being FS Pacific Hospitality Pvt. Ltd. (‘Being FS Pacific’) regarding infringement of copyright, damages, rendition of accounts, profits, etc., a Single Judge Bench of Mini Pushkarna, J. granted an ex parte ad interim injunction to restrain infringement of Novex’s copyright in sound recordings which was being done by Being FS Pacific.
Background
Novex filed the present suit as an action for copyright infringement for the past acts of Being FS Pacific and also Quia Timet action for apprehended future violations.
Novex is a well renowned company in Broadcasting and Media solutions which was established in 2002. It started off as a leading satellite channel distribution company in India in its formative years and since then, has diversified into a wide array of services.
Novex submitted that it is the copyright owner of a large repertoire of sound recordings which can be utilized by hotels, restaurants, lawns, and other venues, users, and entities for communication to the public after attaining authorization/licenses. It was further mentioned that the repertoire of sound recordings owned by them includes sound recordings of music labels including Zee Entertainment Enterprises Ltd., Tips Industries Ltd., SPI Music Pvt. Ltd., Red Ribbon Entertainment Pvt. Ltd., etc. and said that it was also the authorized agent and authority holder of Yash Raj Films Pvt. Ltd.
Being FS Pacific is the owner of the brand ‘Romeo Lane’ and all restaurants/cafes operated under the said name including ‘Birch by Romeo Lane’ situated in Pitampura, New Delhi. It was mentioned that Being FS Pacific organizes various commercial events, parties, social functions, etc. at the aforementioned venues throughout the year where the sound recordings of Novex are publicly performed without any license.
Novex contended that playing its sound recordings leads to an increase in footfall and attractiveness of the events held at the premises of Being FS Pacific. This further results in huge revenues and profits by which Beings FS Pacific is illegally enriching itself, at the cost of Novex.
Novex submitted that it was recently brought to the notice of its officials that Being FS Pacific is continuously playing its sound recording without procuring the requisite licenses and to confirm the same, a representative of Novex visited ‘Birch by Romeo Lane’ where he was shocked to find that Being FS Pacific was blatantly infringing the copyright of Novex by playing the sound recordings.
It was submitted that Being FS Pacific was very well aware of Novex’s copyrights and Novex had made all bona fide attempts to stop them but Being FS Pacific’s conduct was completely dishonest. Novex also informed the Court that its entire repertoire was in the public domain and known to all, which is why Being FS Pacific cannot feign ignorance of the same.
Analysis and Decision
The Court took on record an additional affidavit handed over by Novex whereby it was submitted that a First Information Report (‘FIR’) was lodged against Being FS Pacific for using the sound recordings without requisite license on previous occasions also.
The Court stated that Novex had demonstrated a prima facie case for grant of injunction and in case no ex parte ad interim injunction was granted, it would suffer an irreparable loss. Further, it was noted that balance of convenience was also against Being FS Pacific.
Accordingly, the Court restrained Being FS Pacific, its partners, directors, servants, employees, agents, assignees, licensees, lessees, representatives, third party event management companies, third party event organizers and/or any person acting on their behalf from using, playing, exploiting or publicly performing or in any manner communicating the sound recordings of the songs assigned and/or authorized to Novex till the next date of hearing.
The Court issued notice to Being FS Pacific and allowed the reply to be filed within four weeks.
The matter will now be listed before the Court on 19-05-2025.
[Novex Communication Pvt. Ltd. v. Being FS Pacific Hospitality Pvt. Ltd., CS(COMM) 1201 of 2024, Decided on 24-12-2024]
Order authored by Justice Mini Pushkarna
Advocates who appeared in this case:
For Plaintiff — Sr. Advocate Chander M. Lall, Advocate Jasdeep Singh Dhillon, Advocate Anirudh Jamwal, Advocate Rajpal Singh, Advocate Ananya, Advocate Ishwar Raj Chandra
For Defendant — None.
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