The Delhi High Court in the case Phonographic Performance Limited v. Galo Sizzlers Private Limited and Ors and other connected matters observed and has temporarily restrained Sandoz and Gola Sizzlers from playing the sound recordings of Phonographic Performance Limited in the latter’s suit wherein it alleged copyright infringement by the two food outlets.
The bench headed by Justice C Hari Shankar in the case observed and has stated that a case for grant of ex-parte ad-interim injunction is made out against the two food outlets.
The said court is also bound another food outlet Tim Hortons by the statement made by its counsel that it is not playing, nor would play, any of the sound recordings forming part of the Phonographic Performance Limited’s repertoire, without a license.
In the present case, the copyright infringement suit has been filed by the Phonographic Performance Limited against the three food outlets wherein it claimed that they were playing its sound recordings without obtaining any license. It being the case of organization’s that it owns and controls the radio broadcasting and public performance rights for over 400 music labels, with an over 45 Lakhs international and domestic sound recordings.
The court in the case observed and has issued the summons in all the three suits.
The counsel appearing for the Tim Hortons, on instructions, submitted before the court that the food outlet is neither playing nor intends to play any of the sound recordings forming part of PPL’s repertoire.
The court in the case stated that IA 21058/2023 is disposed of, binding the defendants in CS (COMM) 765/2023 by the statement made at the bar today to the effect that the defendants are not playing, nor would play, any of the recordings forming part of the plaintiff’s repertoire, thus, without a license from the plaintiff, pending disposal of the present suit.
The court passed an interim injunction order against Sandoz and Gola Sizzlers.
The court while considering the facts and circumstances of the case stated that the plaintiff is merely seeking an injunction against the defendants from playing recordings in which the plaintiff has copyright and which form part of its repertoire, and the present ad interim order would only extend to such kind of recordings, no prejudice would ensue to the defendants, were the ex parte interim orders which is to be passed to the said effect.
Accordingly, the court listed the matter for further consideration on February 07, 2024.
The counsel, Senior Advocate Chander M Lall, Mr Ankur Sangal (Partner), Ms Sucheta Roy (Principal Associate), Mr Raghu Vinayak Sinha, Associate and Mr Shaurya Pandey, Associate from Khaitan and Co. appeared for the petitioner.
The counsel, Advocates Mr. N.B. Joshi, Mr. Vijay Kasana, Ms. Chetna Singh, Mr. Abhijeet Vikram Singh, Mr. Kshitij Chhabra, Mr. Chirag Verma, Mr. Shivang Srivastava represented the Tim Hortons.