Pocket FM vs Kuku FM Legal Battle in Delhi High Court

The ongoing legal battle involving audio platforms Pocket FM and Kuku FM has escalated at the Delhi High Court, where both parties have laid out comprehensive arguments regarding claims of copyright and trademark infringements.

Pocket FM has initiated legal action against Mebigo Labs, the owner of Kuku FM, alleging that the latter has unlawfully replicated five of its audio series. The company is pursuing Rs 85.7 crore in damages as well as a permanent injunction to prevent further utilisation of its content formats, titles, and artwork.

Arguments Presented by Pocket FM

During the virtual proceedings, Pocket FM accused Kuku FM of appropriating its content for more than four years. This includes the imitation of shows, thumbnails, episode formats, and the overall presentation, which Pocket FM claims misleads users and diminishes its audience. The plaintiff also referenced prior legal measures that resulted in content removal or temporary resolutions.

Kuku FM’s Response

In rebuttal, Kuku FM refuted the sweeping accusations and informed the court that the five contested series were developed through extensive research and analysis. The company requested a minimum of two weeks to present a detailed counter-argument.

Furthermore, Kuku FM suggested that Pocket FM’s continuous legal manoeuvres are strategically timed to undermine investor and public trust, especially as Kuku FM approaches a potential IPO. The court acknowledged this angle but primarily concentrated on the present copyright assertions.

Court Directions and Next Steps

Recognising the intricate nature of the case, the court instructed Kuku FM to submit its written response within a fortnight. It also requested a Chartered Accountant (CA) certificate that would outline the revenue generated from the five allegedly infringing series since their respective launch dates. The next court session is set for August 29.

The court noted that both parties offered a “balanced approach” in their arguments and opted not to issue any immediate directives on content removal or relief, which allows the legal proceedings to advance.

Previous Legal Clashes

This is not the first confrontation between the two firms. They have engaged in multiple legal disputes since 2022. One such case was resolved in December 2022 after Pocket FM accused Kuku FM of releasing audio summaries of books that Pocket FM held exclusive rights to.

Most recently, on May 30 of this year, the Delhi High Court granted an injunction against Kuku FM in a separate case brought by Pocket FM. This claim contended that Kuku FM had replicated original content, including a voiceover that urged listeners to “aage ki kahani ke liye, log in kariye Pocket FM par,” directly imitating Pocket FM’s established format.