Delhi High Court Grants Interim Relief To Pocket FM, Restrains Kuku FM From Airing Allegedly Infringing Shows

Delhi High Court Grants Interim Relief To Pocket FM, Restrains Kuku FM From Airing Allegedly Infringing Shows

Introduction

The Delhi High Court has passed an interim order restraining audio content platform Kuku FM from airing new episodes of five shows, namely Shivay, Jobless Ghar Jamai, Immortal Yodha, The Legend of Amrapali, and Avataar. The restraint order was passed in a suit filed by Pocket FM alleging copyright infringement and trademark violations.

Factual Background

Pocket FM alleged that Kuku FM replicated its shows in their entirety, including core themes, characters, story arcs, and promotional materials. The plaintiff claimed that this constituted deliberate and systematic infringement of its intellectual property rights. Pocket FM also alleged that Kuku FM adopted identical or substantially similar show titles and episode names, amounting to 17 instances of overlapping show titles and 8 episode name duplications.

Procedural Background

Pocket FM filed a suit seeking damages of $10 million and a decree of permanent injunction. The company also sought appointment of a local commissioner to preserve and inspect digital evidence, contending that there was a risk of tampering or deletion by Kuku FM. The suit was filed before the Delhi High Court, which issued a notice to Kuku FM and directed it to respond to the allegations.

Issues

1. Copyright Infringement: Whether Kuku FM's shows infringe Pocket FM's copyrighted content.

2. Trademark Violation: Whether Kuku FM's adoption of identical or substantially similar show titles and episode names constitutes trademark violation.

3. Interim Relief: Whether Pocket FM is entitled to interim relief, including restraint on Kuku FM from airing new episodes of the disputed shows.

Contentions of Parties

Pocket FM's Contentions: Pocket FM argued that Kuku FM's actions amount to large-scale reproduction of its original content, constituting copyright infringement. The company also submitted that Kuku FM's adoption of identical or substantially similar show titles and episode names constitutes trademark violation. Pocket FM further alleged that Kuku FM had engaged in at least four earlier instances of similar conduct over the past four years, resulting in either court orders or voluntary takedowns.

Kuku FM's Contentions: Kuku FM argued that the shows in question had been available on its platform since June 2024 and that Pocket FM's delay in approaching the court disentitled it to urgent interim relief. Kuku FM also contended that Pocket FM had not proved its case of infringement and urged the court not to grant them any interim relief.

Reasoning & Analysis

The court restrained Kuku FM from streaming new episodes of the five shows, holding that Pocket FM had made out a prima facie case of copyright infringement and trademark violation. The court observed that Kuku FM's actions appeared to be a clear case of infringement, and that Pocket FM was likely to suffer irreparable harm if interim relief was not granted. The court also directed Kuku FM to submit details regarding the shows, including revenues generated.

Final Outcome

The bench of Justice Saurabh Banerjee restrained Kuku FM from airing new episodes of the five shows and directed it to furnish accounts of revenues from the shows. The court also allowed Pocket FM's application for interim relief, holding that the company had made out a strong prima facie case of infringement.

Implications

The decision showcases the importance of protecting intellectual property rights in the digital age. It also emphasizes the need for courts to take a proactive approach in protecting the rights of content creators. The court's decision to grant interim relief to Pocket FM demonstrates its commitment to safeguarding intellectual property rights and preventing infringement.

In this case the plaintiff was represented by Mr. Amit Sibal, Sr Advocate. Meanwhile the defendant was represented by Mr. Saikrishna Rajagopal and Sidhart Chopra, Advocates.