Court Finds Plaintiff's Non-Disclosure of Material Facts and Prior Inaction Disentitles It from Equitable Relief
In a significant ruling, the Delhi High Court has denied Trimurti Films Private Limited's plea for an interim injunction against B62 Studios Private Limited and others, concerning alleged copyright infringement of the iconic song 'Tirchi Topiwale' from the film 'Tridev'. The court, presided over by Justice Tushar Rao Gedela, found that Trimurti Films failed to disclose crucial facts and had been inactive in addressing prior instances of alleged infringement, thereby disentitling it to equitable relief.
Trimurti Films claimed ownership of the copyright in the song, including the literary, musical, and sound recording rights, and sought to restrain the defendants from exploiting it in their film 'Dhurandhar: The Revenge'. The company argued that the song had been used without authorization in the film and on digital platforms. However, the court noted that the plaintiff had not acted against similar uses of the song in other films, such as 'Azhar' (2016) and 'K.G.F: Chapter 1' (2019), and suppressed relevant information from the court.
The court also examined an agreement from 1988 between Trimurti Films and defendant no.3, Super Cassettes Industries Private Limited, which assigned broad rights over the song, excluding the cinematograph film itself. Justice Gedela highlighted the plaintiff's failure to establish any retained rights over the song and pointed out that Trimurti Films' conduct amounted to acquiescence, as it had not taken action against previous uses of the song in other films.
In denying the injunction, the court emphasized the principles of balance of convenience and irreparable harm, stating that the release of 'Dhurandhar: The Revenge' on OTT platforms could not be restrained without leading to incongruous results since the film was already in theaters. The court directed defendant no.3 to deposit Rs. 50 lakhs with the court as a precautionary measure, which would be held until the trial's conclusion.
The ruling underscores the importance of full disclosure and timely action in intellectual property disputes, marking a significant development in copyright law enforcement.
Bottom Line:
Intellectual Property - Plaintiff's claim for interim injunction on the grounds of copyright infringement in the song 'Tirchi Topiwale' from the film 'Tridev' rejected due to non-disclosure of material facts, prior inaction, and suppression of relevant information, disentitling the plaintiff from equitable relief.
Statutory provision(s): Copyright Act, 1957 Sections 14, 21
Trimurti Films Private Limited v. B62 Studios Private Limited, (Delhi) : Law Finder Doc id # 2898762
