Delhi High Court Restrains Rogue Websites From Infringing Copyright Of TIPS Films Limited

Delhi High Court Restrains Rogue Websites From Infringing Copyright Of TIPS Films Limited

Introduction

The plaintiff, TIPS Films Limited, has filed a suit seeking relief of permanent injunction, restraining infringement of copyright along with other ancillary reliefs.

Factual Background

The plaintiff claims copyright in two cinematograph films, "MAALIK" and "SARBALA JI", and alleges that the defendants are engaged in unauthorized streaming of pirated and unlicensed content, including movies owned by third parties.

Issues

1. Copyright Infringement: Whether the defendants are liable for infringement of the plaintiff's copyright works.

2. Interim Relief: Whether the plaintiff is entitled to interim relief, including a permanent injunction restraining the defendants from communicating, hosting, streaming, and/or making available the plaintiff's works and content related thereto.

Contentions of Parties

Plaintiff's Contentions: The plaintiff alleges that the defendants are liable for infringement of its copyright works under Section 51(a)(ii), Section 51(b), and Section 51(a)(i) of the Act.

Defendants' Contentions: Not reported.

Reasoning & Analysis

The bench of Justice Amit Bansal held that a prima facie case is made out in favor of the plaintiff, and balance of convenience is also in favor of the plaintiff. The court also observed that irreparable harm or injury would be caused to the plaintiff if an interim injunction order is not passed.

Final Outcome

The court issued directions to the defendants, including:

• Restraining the defendants no. 1 to 56 from communicating, hosting, streaming, and/or making available the plaintiff's works and content related thereto.
• Directing the defendants no. 57 to 80 (DNRs) to lock and suspend the domain name registration of the defendants no. 1 to 56.
• Directing the defendants no. 81 to 89 (ISPs) to block access to the various websites identified by the plaintiff.
• Directing the defendants no. 90 and 91 (DoT and MEITY) to issue a notification calling upon the various internet and telecom service providers registered under them to block access to the defendants no. 1 to 56 (rogue websites).

Additional Directions

The court also directed that:

• If any further websites are discovered by the plaintiff, which are illegally streaming the infringing content, the plaintiff can communicate the details of such websites to the defendant no. 90 (DoT) and defendant no. 91 (MEITY) for issuance of blocking orders.
• The DOT and MEITY shall issue necessary blocking orders immediately upon receiving the details of the websites from the plaintiff.
• The ISPs shall take steps to immediately block the rogue websites in question upon receiving intimation from DOT/MEITY.
• The plaintiff shall continue to file affidavits with the court, informing about the websites in respect of which blocking orders are sought.

Implications

The court's order highlights the importance of protecting intellectual property rights, including copyrights, in the digital age. The order also underscores the role of intermediaries, including ISPs and DNRs, in preventing copyright infringement

In this case the plaintiff was represented by Mr. Harsh Kaushik, Mr. Deepank Singhal, Ms. Anushree Rauta, Mr. Gaurav Dhingra and Mr. Harsh Prakash, Advocates.