New Delhi, December 30, 2024: Novex Communications, a leading copyright management and licensing firm,has achieved a significant legal victory in its relentless fight against unauthorized usage of copyrighted sound recordings. The Delhi High Court, in the matter of CS(COMM) 1201/2024, has issued pivotal orders safeguarding Novex’s intellectual property rights.
The case revolves around unauthorized public performances of Novex’s sound recordings by the operator of ‘Romeo Lane’ restaurants, including ‘Birch by Romeo Lane’ at Pacific Mall, New Delhi. The court, recognizing the defendant’s failure to secure necessary licenses, has issued summons to address the copyright infringement claims.
The list of restaurants/cafes owned by the defendant and operating under the name of ‘Romeo Lane’, as given in the plaint, are reproduced as under:
- Romeo Lane, Civil Lines Delhi
- Romeo Lane, Defence Colony Delhi
- Romeo Lane, Gurgaon Haryana
- Romeo Lane, Yamuna Nagar Haryana
- Romeo Lane, Meerut Uttar Pradesh
- Romeo Lane, Lucknow Uttar Pradesh
- Romeo Lane, Bhopal Madhya Pradesh
- Romeo Lane, Vagator Goa
This legal triumph comes as Novex continues to engage in a similar dispute with Impresario Entertainment and Hospitality Pvt. Ltd. & Anr., the parent company of the restaurant chain Social founded by Riyaaz Amlani, trustee of NRAI and ex-president of NRAI, is currently under adjudication in the Delhi High Court. The issue is that Social has been playing Novex’s sound recordings without obtaining their license.
Despite being one of India’s top F&B companies, with a portfolio of brands including Social Offline, Smoke House Deli, Badra Born, Slink & Bardot, and Boss Burger India, Social’s actions have raised concerns about copyright infringement. The case is ongoing in the Delhi High Court, with Novex seeking to protect its intellectual property rights.
The Impresario case highlights a broader challenge in ensuring compliance with copyright laws in India’s hospitality industry.
In the ongoing matter with Impresario Entertainment (CS(COMM) 167/2024), Novex alleges that the defendants have used its copyrighted sound recordings without obtaining valid licenses. Despite the defendants’ denial of these allegations, the court has issued interim directions mandating that no songs belonging to Novex Communications be played at their establishments without proper licensing. The case has been adjourned for further proceedings on January 28, 2025.
In a noteworthy move, the court granted Novex an exemption from pre-institution mediation under Section 12A of the Commercial Courts Act, 2015, citing the urgency of the matter. Additionally, Novex received permission to submit electronic evidence, including DVDs and VCDs, under Rule 24 of the Delhi High Court (Original Side) Rules, 2018, ensuring robust documentation to support their claims.
Speaking on the development, Mr. Ketan Kanakia, Director of Novex Communications, stated, “This court ruling is a pivotal step in safeguarding the intellectual property rights of our partners and the creative industry at large. Unauthorized usage of copyrighted content not only undermines artists’ efforts but also impacts fair business practices. We remain steadfast in our mission to uphold copyright laws and ensure rightful usage of our sound recordings.”
The court has directed the defendant to file a written statement within 30 days of receiving the summons and has scheduled subsequent hearings. Meanwhile, Novex seeks a permanent injunction to prevent the defendant from any future unauthorized usage of its copyrighted sound recordings.
Novex Communications holds an extensive repertoire of sound recordings from renowned music labels such as Zee Entertainment Enterprises, TIPS, and Yash Raj Films. The company actively licenses its content for public performance across various venues, including hotels, malls, and restaurants.
