New
Delhi : Novex
Communications, a leading copyright management and licensing firm,has
achieved a significant legal victory in its relentless fight against
unauthorized usage of copyrighted sound recordings. The Delhi High Court, in
the matter of CS(COMM) 1201/2024, has issued pivotal orders safeguarding
Novex’s intellectual property rights.
The
case revolves around unauthorized public performances of Novex’s sound
recordings by the operator of ‘Romeo Lane’ restaurants, including ‘Birch by
Romeo Lane’ at Pacific Mall, New Delhi. The court, recognizing the defendant's
failure to secure necessary licenses, has issued summons to address the
copyright infringement claims.
The list of restaurants/cafes owned by the defendant and operating under the
name of ‘Romeo Lane’, as given in the plaint, are reproduced as under:
- Romeo Lane, Civil
Lines Delhi
- Romeo Lane, Defence
Colony Delhi
- Romeo Lane, Gurgaon
Haryana
- Romeo Lane, Yamuna
Nagar Haryana
- Romeo Lane, Meerut
Uttar Pradesh
- Romeo Lane, Lucknow
Uttar Pradesh
- Romeo Lane, Bhopal
Madhya Pradesh
- Romeo Lane, Vagator
Goa
This
legal triumph comes as Novex continues to engage in a similar dispute with
Impresario Entertainment and Hospitality Pvt. Ltd. & Anr., the parent
company of the restaurant chain Social founded by Riyaaz Amlani, trustee of
NRAI and ex-president of NRAI, is currently under adjudication in the Delhi
High Court. The issue is that Social has been playing Novex's sound recordings
without obtaining their license.
Despite
being one of India's top F&B companies, with a portfolio of brands
including Social Offline, Smoke House Deli, Badra Born, Slink & Bardot, and
Boss Burger India, Social's actions have raised concerns about copyright
infringement. The case is ongoing in the Delhi High Court, with Novex seeking
to protect its intellectual property rights.
The
Impresario case highlights a broader challenge in ensuring compliance with
copyright laws in India’s hospitality industry.
In
the ongoing matter with Impresario Entertainment (CS(COMM) 167/2024), Novex
alleges that the defendants have used its copyrighted sound recordings without
obtaining valid licenses. Despite the defendants’ denial of these allegations,
the court has issued interim directions mandating that no songs belonging to
Novex Communications be played at their establishments without proper
licensing. The case has been adjourned for further proceedings on January 28,
2025.
In
a noteworthy move, the court granted Novex an exemption from pre-institution
mediation under Section 12A of the Commercial Courts Act, 2015, citing the
urgency of the matter. Additionally, Novex received permission to submit
electronic evidence, including DVDs and VCDs, under Rule 24 of the Delhi High
Court (Original Side) Rules, 2018, ensuring robust documentation to support
their claims.
Speaking
on the development, Mr. Ketan Kanakia,
Director of Novex Communications,
stated, “This court ruling is a pivotal step in safeguarding the
intellectual property rights of our partners and the creative industry at
large. Unauthorized usage of copyrighted content not only undermines artists'
efforts but also impacts fair business practices. We remain steadfast in our
mission to uphold copyright laws and ensure rightful usage of our sound
recordings.”
The
court has directed the defendant to file a written statement within 30 days of
receiving the summons and has scheduled subsequent hearings. Meanwhile, Novex
seeks a permanent injunction to prevent the defendant from any future
unauthorized usage of its copyrighted sound recordings.
Novex
Communications holds an extensive repertoire of sound recordings from renowned
music labels such as Zee Entertainment Enterprises, TIPS, and Yash Raj Films.
The company actively licenses its content for public performance across various
venues, including hotels, malls, and restaurants.