SUPRIYA SHRINATE Vs. MRT MUSIC

JUDGEMENT

(1.) The appellants have assailed the order passed by LXXXV Additional City Civil & Sessions Judge, Commercial Division, Bangalore(CCH-86), on I.A. Nos. I to VI in Commercial Original Suit No.1594/2022 dtd. 7/11/2022 wherein the trial Court issued a direction to respondent No.2 (defendant No.4) to remove and take down the links from it's platform and to block the social media handle of Indian National congress (@ INC India) and Bharat Jodo Yatra (@ Bharat Jodo) on Twitter, on the ground of Appellants having infringed the copyright of the 1st Respondent/Plaintiff.

(2.) The appellant herein is the defendant No.2 before trial court and the respondent No.1 is plaintiff. The other respondent Nos.1, 3, 4 and 5 are also defendants before trial court.

(3.) The plaintiff instituted a suit before the trial court with a prayer to grant a relief of permanent injunction and also mandatory injunction. The plaint pleadings in brief are that, the plaintiff is a registered partnership firm engaged in production, marketing, distribution and sale of sound recordings and cinematography, sale of audio, CD, DVD, purchase of Audios and Videos and Film Digital rights therein. That it is a reputed entity in the sound and music industry. The plaintiff operates its business by use of its trademark "MRT MUSIC". The repository of the plaintiff consists of more than 20,000 songs which the plaintiff owns and control and not limited to copyright. The plaintiff has acquired all the rights of sound recordings of the Block Buster film KGF- Chapter-2. Thereafter, the plaintiff has released the same through various channels and pen drives.