Bombay High Court declines interim relief to Shemaroo in Copyright Infringement suit against T-Series

Bombay High Court declines interim relief to Shemaroo in Copyright Infringement suit against T-Series

The bench concluded that the petitioner failed to submit substantial proof of suffering irreparable loss

The Bombay High Court has refused to grant interim relief to Shemaroo Entertainment Pvt Ltd in its copyright infringement suit against T-Series. Shemaroo had alleged that T-Series was publishing audio-visuals of film songs on its YouTube channel, over which Shemaroo had the copyright.

In the Shemaroo Entertainment Ltd vs Super Cassettes Industries Ltd case, Justice Manish Pitale, however, stated, “As Shemaroo failed in making out a prima facie case in its favour, the aspects of the grave and irreparable loss being suffered in the absence of a temporary injunction and balance of convenience, pale into insignificance. The court finds that Shemaroo has not been able to make out a case for the grant of temporary injunction as prayed. Accordingly, the application is dismissed.”

Shemaroo claimed that based on the agreements executed in its favour by various entities, it was the absolute owner of the copyright over the films, particularly the audio-visual songs. Also, all rights had been duly assigned to it by original owners/producers through various agreements.

On the other hand, T-Series claimed to have rights in terms of agreements executed in its favour by original producers/owners. It stated that the producers never raised any objection to such exploitation of audio-visuals of songs. T-series added that between 1985-1990, various assignment deeds were executed in its favour on certain films mentioned in the suit.

However, Shemaroo disputed the claim maintaining that only audio rights were assigned to T-Series. It said that between 2004-2016, various producers of films executed assignment deeds in favour of Shemaroo, thus granting sole, exclusive and absolute ownership of the films, including negative rights in the films. Calling T-Series to amicably resolve the dispute, Shemaroo issued a cease and desist notice.

It alleged that while T-series suggested resolving the disputes, it continued to exploit the works. This led Shemaroo to file the present suit, seeking an immediate restraining order against T-series.

Stating that the bench would not go into the details of the interpretation of various clauses in favour of the plaintiff, Justice Manish Pitale said that Shemaroo failed to make out a strong prima facie case for an interim injunction.

Senior Advocate Sharan Jagtiani with Advocates Hiren Kamod, Mahesh Mahadgut, Prem Khullar, Poonam Teddu, Siddharth Joshi, and Kaivalya Shetye appeared for Shemaroo.

Senior Advocate Ravi Kadam with Advocates Harsh Kaushik, Abhilisha Nautiyal, Zahra Padamsee, and Kyle Curry briefed by Vashi and Vashi appeared for T-Series.

Advocates Amit Jamsandekar and Nayan Mahar briefed by Khaitan Legal Associates appeared for B4U.