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2008 Supreme(Bom) 529

D.G.KARNIK
Ram Sampath – Appellant
Versus
Rajesh Roshan – Respondent


Advocates:
Advocate Appeared
Dr.V.V.Tulzapurkar, Sr.Counsel with Mr.Virag Tulzapurkar, Mr.Tehemtaa D. Daruwalla, Ms.Blossom Noronha, Mr.Kiran Desai i/b M/s.Jehangir G. And Billimoria And Daruwalla for plaintiffs and applicant in support of Notice of Motion.
Mr.Arif Bookwalla i/b Desai & Desai for defendant nos.1, 2 and 3.
Mr.Ashok Singh i/b Mr.R.N. Gaonkar for defendant no.4.
Mr.Ravi Kadam, Advocate General with Sanjay Udeshi
with Vijay Sondhi, Kapil Arora with Rohan Cama i/b
Sanjay Udeshi & Co. for defendant no.5.
Ms.Sushma Singh for defendant no.7.

Judgment

1. Heard counsel.

2. In a suit for perpetual injunction restraining the defendants from directly or indirectly infringing in any manner the plaintiff’s copyright in musical composition/theme tune entitled "The THUMP" and for damages the plaintiff has taken out this motion for an interim relief of injunction.

3. The facts, in brief, are that the plaintiff is a music composer and the owner of a proprietory concern "The Mint". Defendant no.1 is a music director/composer of repute. Defendant no.2 is the brother of defendant no.1 and is a director of defendant no.3 company which is engaged in the production of feature films and has produced a cinematographic film titled as "KRAZZY 4". Defendant no.4 is a manufacturer and distributor of compact discs (CDs) and audio tapes containing the sound track of music contained in the film "KRAZZY 4". Defendant no.5 is a foreign company engaged in the entertainment business including sale, distribution and exhibition of cinematographic films and audio and video CDs. Defendant no.6 is an advertising agency acting for defendant no.5. Defendant no.7 is a proprietory concern engaged in the media and
































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