Pocket FM seeks Rs 85.7 Cr in damages from KuKu FM; rival calls charges motivated

The ongoing legal dispute between audio platforms Pocket FM and Kuku FM reached the Delhi High Court on Thursday, with both sides presenting detailed arguments over alleged copyright and trademark violations.

Pocket FM has sued Mebigo Labs, which runs Kuku FM, for allegedly copying five of its audio series and is seeking Rs 85.7 crore in damages along with a permanent injunction on the use of its content formats, titles, and artwork.

During the virtual hearing, both sides presented their arguments in detail. 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. It also pointed to past legal actions that led to content takedowns or temporary relief.

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.

Kuku FM also 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.

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

The court said that both parties had presented a “balanced approach” in their arguments and decided not to issue any immediate directions on takedowns or relief, allowing the legal process to progress further.

This isn’t the first legal clash between the two companies. Since 2022, they’ve filed multiple cases against each other. One was settled in December 2022, after Pocket FM accused KuKu FM of publishing audio summaries of books it held exclusive rights to. 

More recently, on May 30 this year, the Delhi High Court issued an injunction against KuKu FM in another case filed by Pocket FM, which alleged that KuKu FM had copied its original content, including a voiceover urging listeners to “aage ki kahani ke liye, log in kariye Pocket FM par,” directly mimicking Pocket FM’s format.