Moreover, there was not a whisper of any money coming to the share of the JVA entity or it’s having asserted any such claim since it came into existence seven years ago. However, there was absolutely no document that set out the Suit Channel as an asset of defendant 2 or Kanwal Deep Kohli’s own assets and which stood transferred to the applicant when it was created through the JVA. Analysis and DiscussionĪpplicant claimed that the assets of Kanwal Deep Kohli in his proprietorship firm, namely defendant 2/Indya Records, had been transferred to it under the JVA. Kanwal Deep Kohli took the stand that he had created the Suit Channel. The applicant stated that it is a necessary party to this suit as, on the determination of the ownership, the Suit Channel would become their asset, whereas the plaintiff asserted that the Suit Channel was created for it and was initially managed by Kanwal Deep Kohli, proprietor of defendant 2 who, later on, engaged the services of the defendant 1 to manage the Suit Channel and for that purpose, created a JVA. However, defendant 1 started unlawfully asserting ownership rights in respect of the Suit Channel, on the basis of some arrangement with defendant 2, which was only to manage the Suit channel. The YouTube channel was renamed “ Shabad Kirtan Gurbani – Divine Amrit Bani” having the URL: and was available on the platform of the defendant 3/Google LLC.ĭefendant 2 used to manage the Suit Channel for the plaintiff and there was no doubt about the ownership of the channel vesting with the plaintiff. The content for uploading on the said channel was provided solely by the plaintiff. Senior Counsel for the plaintiff submitted that defendant 2 through its proprietor Kanwal Deep Kohli, created a YouTube channel, initially called ‘Divine Amrit Bani’ for and on behalf of the plaintiff. It has also produced a movie named, “SAT SRI AKAL” It has also entered the arena of music and had its first home entertainment release. Plaintiff was a part of a Group Company division, ‘Frankfinn Institute of Air Hostess Training’, which was a reputed organization, engaged in the field of imparting training in the field of Aviation, Hospitality, Travel Management and Customer Services. The Court has found a prima facie case in favour of the plaintiff and issued certain directions. Delhi High Court: Asha Menon, J., is considering a very interesting case where the dispute between the parties is regarding the ownership of a YouTube channel.
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