Shemaroo vs Flipkart: Bombay High Court Puts FIR on Hold in Copyright Dispute
The Bombay High Court has temporarily halted an order that directed the police to register an FIR against Flipkart in a copyright infringement case filed by Shemaroo Entertainment. The company had accused Flipkart of using its copyrighted content on social media platforms for promotions without permission, amounting to unauthorised commercial use.
A Division Bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad stayed the September 30 order passed by the Additional Chief Metropolitan Magistrate (ACMM), Andheri, and issued notices to the respondents. The case will be taken up for final hearing on November 24. The Court clarified that no further proceedings will continue till then.
Shemaroo’s complaint alleged that Flipkart used its copyrighted material on social media to promote its platform without obtaining a licence. Although the magistrate’s order didn’t specify the exact works used, the complaint claimed that the posts featured Shemaroo’s content for commercial benefit.
Earlier, the ACMM had held that the complaint revealed cognisable and non-bailable offences under Sections 63 and 69 of the Copyright Act, along with Sections 318(3) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The magistrate criticised the investigating officer from MIDC Police Station for refusing to register the FIR on the grounds of “fair use,” stating that the officer had no authority to decide on such legal defences.
Calling the officer’s reasoning “misplaced,” the magistrate said that copyright infringement is indeed a cognisable and non-bailable offence and directed the police to investigate the matter under Section 175(3) BNSS.
Flipkart later approached the High Court challenging this order. The e-commerce company was represented by Senior Advocate Ravi Kadam, along with Advocates Thomas George and Aamir Sopariwala, instructed by Saikrishna & Associates. The State of Maharashtra was represented by Advocate MM Deshmukh, while Shemaroo was represented by Advocates Aniket Nikam, Mahesh Mahadgut, Pradip Jaiswal, and Kaivalya Shetye.
