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2011 Supreme(Del) 358

V.K.JAIN
Sholay Media and Entertainment Pvt. Ltd. – Appellant
Versus
Vodafone Esssar Mobile Services Ltd. – Respondent


Advocates:
Counsels:
For Appellant/Petitioner/Plaintiff: Sudhir Chandra, Sr. Adv. and Jagdish Sagar and Rahul Ajatshatru, Advs.
For Respondents/Defendant: Rajiv Nayyar, Sr. Adv. and Prathiba M. Singh and Sudeep Chatterjee for Defendants 1 and 2 and Sandeep Sethi, Sr. Adv. and Akshay Ringe, Adv. for Defendants 3 and 4

JUDGMENT

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















































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