V.K.JAIN
Sholay Media and Entertainment Pvt. Ltd. – Appellant
Versus
Vodafone Esssar Mobile Services Ltd. – Respondent
V.K. Jain, J.
1. The film Sholay was produced by Sippy Films, a proprietorship concern of Plaintiff No. 2. Vide Gift Deed dated 14th September, 2000, all rights in the film Sholay were assigned/transferred by Plaintiff No. 2 to Plaintiff No. 1 and it is alleged in the plaint that Plaintiff No. 1 has been exploiting those rights across various verticals such as satellite broadcast, pay television, internet rights etc. Defendant Nos. 1 and 2 are cellular service provider, which are also offering various value added services such as ringtones, true tunes, caller tunes internet radio etc. to their subscribers. Ringtones are digitally created/recorded files that work as incoming alerts, true tones are digital audio files that act as incoming call alert where the subscriber hears the portions of song/music instead of the default ringing sound, caller tubes/ring back tunes are portions of sound-recordings of songs/dialogues, which the subscriber can choose for his caller to hear in lieu of the default ringing sound whereas mobile radio/Juke Box are services where a subscriber can dial in to listen to songs of his choice or the genre of his choice. Vide deed of assignment dated 7th
Raj Audio Vision v. K. Mohana Krishnan and Ors. AIR 1998 Mad 294
State of A.P. v. Nahoti Venkatramana (1996) 6 SCC 409
Entertainment Network (India) Ltd. v. Super Cassette Industries Ltd. (2008) 13 SCC 30
AA Associates v. Prem Goel 94 (2001) DLT 671
Entertaining Enterprises Madras and Anr. v. State of Tamil Nadu AIR 1984 Mad 278
Delhi Development Authority v. Durga Chand Kaushish AIR 1973 SC 2609
Padma Srinivasan v. Premier Insurance Co. Ltd. (1982) 1 SCC 613 (3 JJ)
Universal Petrochemicals Ltd. v. Rajasthan State Electricity Board AIR 2001 Cal 102 (DB)
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