| Citation(s) |
|---|
| 2014 SLG 2214 2014 SLD 2214 2014 CLD 1696 |
Sindh High Court
Suit No. 1303 of 2013, decision dated: 13-05-2014.
MUNIB AKHTAR, J
Faraz Faheem Siddiqui and Muhammad Wasiq Mirza for Plaintiff. Khawaja Shoaib for Defendants Nos.1 and 2. Rauf Ahmed for Defendant No. 3. Omer Soomro for Defendant No. 4.
Suit No. 1303 of 2013, decision dated: 13-05-2014.
MUNIB AKHTAR, J
Faraz Faheem Siddiqui and Muhammad Wasiq Mirza for Plaintiff. Khawaja Shoaib for Defendants Nos.1 and 2. Rauf Ahmed for Defendant No. 3. Omer Soomro for Defendant No. 4.
MUHAMMAD KASHAN--PlaintiffvsCOCA COLA CORPORATION PAKISTAN LIMITED through Chief Executive Officer and 3 others----Defendants
Law:
Section:
Copyright Ordinance (XXXIV of 1962)-------Ss. 2(c-a) & 10(1)---Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2---Infringement of copyright---Interim injunction, grant of---Art work---Plaintiff was in production of original audio-visual content and had assailed program 'Coke Studio Season 6' aired by defendant company---Plea raised by plaintiff was that by airing 'Coke Studio Season 6', defendant infringed copyrights of his art work---Validity---Video of defendant could not be regarded as infringing plaintiff's video---Plaintiff sought to place reliance on certain specific instances of similarity or commonality but such instances lost any relevance that might appear to have, if considered in isolation---Two videos were distinct and each proceeded on its own basis and ideas described in both the works and the same were also distinct---High Court did not find any infringement of plaintiff's work even in any sense---Plaintiff failed to make out any case for interim injunctive relief on the ground of infringement of work under Copyright Ordinance, 1962---Application was dismissed in circumstances. Donoghue v. Allied Newspapers Ltd. [1937] 3 Ch D 503; R.G. Anand v. Delux Films and others AIR 1978 SC 1613; Computer Associates International Inc. v. Altai Iac. (1992) 982 F.2d 693; Independent Media v. Ali Saleem and another 2006 CLD 97; Copinger & Skone James on Copyright 16th ed., 2010; IPC Media Ltd. v. Highbury-Leisure Publishing Ltd. [2004] EWHC 2985 (Ch), [2005] FSR 20 and Dymow v. Bolton (1926) 11 F.2d 690 ref. Nichols v. Universal Pictures Co. (1930) 45 F.2d 119 rel. ORDER MUNIB AKHTAR, J.---Does the plaintiff have a "work" such as is protected by and under the Copyright Ordinance, 1962 ("1962 Ordinance") or only an idea, which is not? That is the question requiring consideration, though as will be seen later there is an interesting twist to it. The plaintiff asserts the former, and seeks interim injunctive relief by means of C.M.A.11545 of 2013. The defendants deny this and assert the later to be the true position in the facts and circumstances of the case. By C.M.A.11821 of 2013 the plaintiff seeks certain ancillary relief, which however is not…
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