C. HARI SHANKAR
MX Media And Entertainment Pte Ltd – Appellant
Versus
Contagious Online Media Networks Private Limited – Respondent
JUDGMENT
C. Hari Shankar, J. - Learned Senior counsel for the parties have been heard at length and, with consent, this judgment disposes of O.M.P. (I) (COMM.) 106/2021.
Facts
2. The petitioner is incorporated and located in Singapore. It is engaged in the production, development, marketing and distribution of media entertainment content, over its Platform "MX Player" ("the Platform").
3. The respondent produces and develops audio-visual content under the brand names "The Viral Fever ("TVF")", "The Screen Patti (TSP)" and "The Timeliners", among others.
4. Appreciation of the rival submissions would require, in the first instance, a chronological excursion through the various documents executed and exchanged in the present case, thus:
(i) It appears that, since some time earlier, programs of the respondent were being distributed and shown on the petitioner's Platform. On 24th February, 2020, the respondent, under the brand name "The Viral Fever (TVF)" confirmed that it would provide six shows, to be hosted on the petitioner's Platform in 2020-2021. The communication read thus:
"Hi Aaron,
As discussed and confirmed:
TVF will provide 6 shows in 2020-21
Immature S2 5 Episodes of 20 min each 3
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