Pocket FM sues Kuku FM parent Mebigo Labs over alleged show title infringement; seeks Rs 85.7 cr in damages

Audio entertainment platform Pocket FM has filed a civil suit before the Delhi High Court against Mebigo Labs Pvt Ltd — the parent company of Kuku FM, accusing it of deliberate and repeated infringement of its original audio show titles and literary works. The plaintiff has sought a permanent injunction along with damages worth Rs 85.7 crore for the alleged violations under trademark and copyright laws.

During the virtual hearing, Pocket FM alleged that Kuku FM has been copying its content for over four years, including shows, thumbnails, episode formats, and overall presentation, to mislead users and draw away its audience. In response, Kuku FM denied the broad allegations and told the court that the five disputed series involve significant research and analysis. The company asked for at least two weeks to file a detailed reply.

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Kuku FM alleged that Pocket FM’s repeated legal actions are motivated and are timed to disrupt investor and public confidence, especially as the company is preparing for a potential IPO.

The court took this into account but focused on the current copyright claims.

Pocket FM contends that Mebigo Labs has consistently replicated the titles and thematic elements of several of its most popular original shows and published similar works under altered names on Kuku FM, a rival platform in the vernacular audio storytelling space. The complaint lists multiple instances of show title mimicry that, according to Pocket FM, are intended to confuse consumers and capitalize on the goodwill the brand has cultivated since its launch in 2018.

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Some of the allegedly infringed titles include: “Super Yoddha Shivay” replicated as “Brahmand ka Yoddha”; “Insta Empire” copied as “Jobless Ghar Jamai”; “The Immortal Warrior” mirrored as “Immortal Yoddha”; “Amrapali” reproduced as “The Legend of Amrapali”; and “Vashikaran” as “Avtaar”.

"The Plaintiffs titles and content are integral to its brand identity and reputation in the market. Unauthorised use by the Defendant leads to confusion among consumers, dilutes the distinctiveness of the Plaintiffs brand. Such harm to the Plaintiff, which extends beyond loss of revenue to loss of goodwill, reputation and standing in the audio industry, cannot be compensated adequately by way of damages," Pocket FM alleged.

"The Defendant's manipulation of search engine optimisation (SEO) and metadata, by unauthorisedly using popular show names and titles belonging to the Plaintiff, has further exacerbated the diversion of business. By deliberately embedding the Plaintiffs well-known titles and keywords into its own platform, the Defendant has sought to capture users actively searching for the Plaintiffs content, thereby redirecting them to the Defendant's platform. Such actions are calculated to exploit the Plaintiffs market reputation and to misappropriate the commercial value of the Plaintiffs intellectual property," it was added.

In the suit, Pocket FM claims that these copied titles are not only deceptively similar in name but also substantially resemble the plotlines and narrative structures of its original works. The complaint states that such mimicry amounts to infringement of its trademark rights, copyright, and constitutes passing off , which is likely to deceive listeners and dilute Pocket FM's distinct market identity.

The audio tech firm further alleges that this is not the first instance of infringement by Mebigo Labs. Pocket FM had issued a cease-and-desist notice in November 2023, after discovering similar infringements. While Mebigo Labs initially removed the content in question, the suit claims that the same or similar content was later re-uploaded under new names on Kuku FM, showing a pattern of willful and bad faith infringement. Since 2022, both parties have filed multiple cases against each other.

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The lawsuit also details that Mebigo Labs' acts were not accidental, but part of a calculated strategy to unlawfully exploit Pocket FM’s successful shows by creating confusion in the minds of listeners, particularly in a digital ecosystem where users often discover content based on titles and thumbnails.

As part of its legal relief, Pocket FM has sought: a permanent injunction restraining Mebigo Labs from using any content, titles, or literary work deceptively similar to that of Pocket FM; an order for delivery-up and destruction of infringing content; monetary damages of Rs 2 crore for the loss of reputation, goodwill, and commercial harm.

The court has directed Kuku FM to submit its written response within two weeks. The court also asked the company to provide a Chartered Accountant (CA) certificate detailing the revenue earned from the five allegedly infringing series since their prospective launch dates.

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Kuku FM has also been restrained from releasing any new episodes of the said shows, until further notice. The next hearing is scheduled for August 29.