Commercial Court Division several of their songs in their systems and offered them for sale as caller tunes to their customers who were holders of hand sets. Because of the foregoing, the Plaintiff’s music depreciated and they suffered loss; thus this suit. The Defendant, at first denying liability, claimed that they had not infringed the intellectual property rights of the Plaintiff because they obtained them lawfully. It was the Defendant’s contention that they had entered into a contract with DMark Co. Ltd which provided the musical works as theirs. They relied on Annexture ‘B’ which was the agreement for content provision entered into on 11 th August 2008 between Warid Telecom (U) Ltd and DMark Co. Ltd. Under the agreement, DMark had warranted to the Defendant that it had the legal right and capacity to deal with the intellectual property content the way it did. DMark did not deny that it provided the artistic work to the Defendant. The Defendant therefore contended that in the event of being found liable to the Plaintiff, they would be entitled to compensation from DMark. DMark, hereinafter called the Third Party disputed the Plaintiff’s claim and stated that the ownership of the intellectual property by the Plaintiff was in question. The issues that arose for determination by the Court were 4 namely; 1. Whether the Plaintiff is the owner or assignee of the copyright? 2. Whether the Defendant infringed on the Plaintiff’s copyright? 3. Whether the Plaintiff is entitled to any remedies? 4. Whether the Defendant is entitled to be indemnified by the 3rd party? HCT - 00 - CC - CS - 373- 2010 /2