RAM SAMPATH Vs. RAJESH ROSHAN

JUDGEMENT

(1.) Heard counsel.

(2.) In a suit for perpetual injunction restraining the defendants from directly or indirectly infringing in any manner the plaintiff's copyright in musical composition/theme tune entitled "The THUMP" and for damages the plaintiff has taken out this motion for an interim relief of injunction.

(3.) The facts, in brief, are that the plaintiff is a music composer and the owner of a proprietary concern "The Mint". Defendant No. 1 is a music director/composer of repute. Defendant No. 2 is the brother of defendant No. 1 and is a director of defendant No. 3 company which is engaged in the production of feature films and has produced a cinematographic film titled as "KRAZZY 4". Defendant No. 4 is a manufacturer and distributor of compact discs (CDs) and audio tapes containing the sound track of music contained in the film "KRAZZY 4". Defendant No. 5 is a foreign company engaged in the entertainment business including sale, distribution and exhibition of cinematographic films and audio and video CDs. Defendant No. 6 is an advertising agency acting for defendant No. 5. Defendant No. 7 is a proprietary concern engaged in the media and advertising business.