As Farhad Humayun from Overload continues to pursue intellectual property rights claims against Coca-Cola over alleged theft of his composition for a Coke Studio ad, the MNC claps back with pressure of its own. Some not so fair and legal details have emerged in the Farhad Humayun vs Coca Cola brawl.
In the case of the Farhad Humayun vs Coca Cola case, the Intellectual Property Tribunal had issued a stay order dated 18th Nov, 2020.
The fizzy drink producer had been ordered to take down its television commercial from all media with immediate effect, an order the MNC ignored. Later the Cola corporation didn’t even show up for hearings despite repeated Court summons.
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Initially, the fizzy drink producer tried a diplomatic approach, with another party filing a false copyright infringement lawsuit against Farhad Humayun. However, those claims cannot be substantiated as the musician has written permission from Syed Noor to remix his song.
In a Facebook post, the Pakistani music creator is opening up about police harassment that he alleges the MNC is behind.
“Since 11th November 2020, when I filed a case through my advocate for Permanent Injunction & Consequential Relief, my family and I have been subjected to harassment and intimidation by the very people supposed to protect us, i.e. the POLICE!”
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Aside from police showing up without warrants, the usual intimidation with phonecalls, etc. The singer even details accounts of police threatening his staff with ‘forced disappearances’.
“A barrage of phone calls from the police including ASI Imdad Hussain, began summoning me to Ghalib Market Chowki. A bogus complaint was lodged by someone named Ch. Shazad s/o Ch Faqir Mohd claiming that I had fraudulently obtained the NOC for remixing the song and he was the rightful owner. The ASI would arrive at my premises located in Lahore and intimidate my staff with threats of them ‘disappearing’, confirming our suspicion that he had a vested interest. In addition, a series of threatening phone calls of dire consequences by Ch Shazad and his associates were made to my manager Daanish.”
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When the musician tried to resolve matters by the book the policemen were avoidant. That can be explained given the fact that not even an FIR has been registered against Farhad Humayun and the policemen in question are using taxpayers’ resources to intimidate an innocent citizen.
“The SP Dost Mohammed, Ghalib Market referred me to the SHO who never showed up at the agreed time. The DSP Gulberg, Shahzad tasked with sorting out the matter was extremely hostile, not interested in the fact that the matter was sub judice, and announced that he was the one to sort the matter out and not the courts.”
It is only fair that the MNC is questioned and held accountable, for meddling in the legal and judicial working within Pakistan, by using police to coerce the appellant against them to drop his case.
“Notice should also be taken of corporations disrespecting the court and PEMRA’s orders. Strict action should be taken against any individual/organization who does not abide by the rule of law or is dismissive of court findings.”
Coca Cola Responds
Meanwhile, the MNC has rejected the claims made by Farhad Humayun. The company told ProPakistani that Coca-Cola Export Corporation- Pakistan Branch strongly condemns the unvalidated allegations made by Farhad Humayun on multiple instances.
“We are a law abiding, responsible organization and would be taking the legal recourse against any such false allegations.”
Farhad Humayun vs Coca Cola case
Conflict between the Pakistani music act and the fizzy drink producer emerged when an advert for Coke Studio’s latest season ‘Coke and Music‘ featured Farhad Humayun’s rendition of the Punjabi single ‘Neray Aah‘. While fans recognize Meesha Shafi’s vocals in the track, Overload’s Farhad Humayun asserts the composition was his.
Back in November 2020, the band came forward with intellectual copyright violation claims against the MNC.
“Farhad Humayun is the latest in line of multiple previous musicians to face the blatant copyright violation of Coca-Cola … The distinct vocalization, guitar rhythm, tempo, music accents, vocal melody and delivery of ‘Neray Aah’ are identical to the artist’s version of the single.”
Farhad Humayun and Overload recorded his composition of Neray Aah for Coke Studio and the single is registered with Soho Square/Ogilvy (the Media Agency for Coke).
