| Case ID |
5cb5bb71-5585-4390-9dc5-d2b77c139491 |
| Body |
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| Case Number |
Suit No. 1303 of 2013 |
| Decision Date |
May 13, 2014 |
| Hearing Date |
|
| Decision |
The Sindh High Court ruled that the plaintiff, Muhammad Kashan, failed to establish a case for interim injunctive relief based on copyright infringement. The court found that the works presented by both parties, namely the plaintiff's 'Dream Music' concept and the defendants' 'Coke Studio Season 6,' were distinct in their expression. The court upheld the principle that copyright protects the expression of ideas, not the ideas themselves. It concluded that there was no substantial similarity between the works that would constitute infringement. As a result, the plaintiff's application for an interim injunction was dismissed, and the court emphasized that the observations made were tentative and subject to further examination during a trial. |
| Summary |
This case revolves around a copyright dispute between Muhammad Kashan, the plaintiff, and the Coca-Cola Corporation Pakistan Limited along with its affiliates regarding the alleged infringement of Kashan's original audio-visual content, 'Dream Music,' by the defendants' program, 'Coke Studio Season 6.' The plaintiff claimed that the airing of the latter infringed upon his rights under the Copyright Ordinance, 1962. The court examined the nature of the works in question, emphasizing the distinction between mere ideas and their expression. It concluded that the plaintiff did not demonstrate that the defendants had copied the expression of his idea, resulting in the dismissal of his application for an injunction. This case highlights the importance of copyright law in protecting creative works while clarifying the boundaries between idea and expression. |
| Court |
Sindh High Court
|
| Entities Involved |
Coca-Cola Company,
Frequency Media
|
| Judges |
MUNIB AKHTAR, J
|
| Lawyers |
Faraz Faheem Siddiqui,
Muhammad Wasiq Mirza,
Khawaja Shoaib,
Rauf Ahmed,
Omer Soomro
|
| Petitioners |
MUHAMMAD KASHAN
|
| Respondents |
Defendant No. 3,
Defendant No. 4,
COCA COLA CORPORATION PAKISTAN LIMITED,
Chief Executive Officer
|
| Citations |
2014 SLD 2214,
2014 CLD 1696
|
| Other Citations |
Donoghue v. Allied Newspapers Ltd. [1937] 3 Ch D 503,
R.G. Anand v. Delux Films and others AIR 1978 SC 1613,
Computer Associates International Inc. v. Altai Iac. (1992) 982 F.2d 693,
Independent Media v. Ali Saleem and another 2006 CLD 97,
IPC Media Ltd. v. Highbury-Leisure Publishing Ltd. [2004] EWHC 2985 (Ch), [2005] FSR 20,
Dymow v. Bolton (1926) 11 F.2d 690,
Nichols v. Universal Pictures Co. (1930) 45 F.2d 119
|
| Laws Involved |
Copyright Ordinance, 1962,
Civil Procedure Code, 1908
|
| Sections |
2(c-a),
10(1),
O.XXXIX, Rr. 1 & 2
|