Delhi Court Orders Telegram To Remove Pirated ‘Malkansview’ Trading Content, Grants Ex-Parte IP Protection To Training Institute
Delhi Court Orders Telegram To Remove Pirated ‘Malkansview’ Trading Content, Grants Ex-Parte IP Protection To Training Institute
Introduction
The Tis Hazari District Court has granted an ad-interim ex-parte injunction in favour of Malkans Training Institute Pvt. Ltd. and its founders, Vishal B. Malkan and Meghana V. Malkan, in a trademark and copyright infringement suit concerning the unauthorized distribution of their training content online. District Judge (Commercial) Rajesh Kumar Goel held that the plaintiffs had established a strong prima facie case of trademark infringement, copyright infringement, and passing off against several defendants, including Telegram Messengers LLP.
Factual Background
Malkans Training Institute Pvt. Ltd., founded in 2008, provides specialized educational programmes, workshops, webinars, and digital courses relating to stock market and trading training under the brand “MALKANSVIEW.”
The institute alleged that several channels, bots, and groups on the Telegram platform were unlawfully reproducing and distributing its proprietary financial education content. According to the plaintiffs, these channels were also misusing the institute’s trademark, trade name, and the names and images of its founders, thereby creating a false association with the official brand.
The plaintiffs submitted that more than 2,500 instances of infringement had previously been reported to Telegram, yet new infringing channels continued to emerge and disseminate the copyrighted material for commercial gain.
Procedural Background
The plaintiffs approached the Tis Hazari District Court seeking permanent and mandatory injunctions along with damages against Telegram, several websites, and unidentified defendants involved in distributing the infringing content. They also sought urgent interim relief restraining the defendants from reproducing, hosting, or distributing their proprietary training material and from misusing their trademarks and brand identity. The matter came before the Commercial Court for consideration of interim relief.
Issues
1. Whether the unauthorized distribution of the plaintiffs’ educational content on Telegram amounted to copyright infringement.
2. Whether the use of the plaintiffs’ trademark and brand identity by the defendants constituted trademark infringement and passing off.
3. Whether interim injunctive relief should be granted to prevent continued dissemination of the infringing material.
Contentions of the Parties
The plaintiffs contended that their copyrighted literary and audiovisual works relating to financial training were being illegally reproduced and sold through various Telegram channels and websites.
They further argued that the defendants were misusing the trademark “MALKANSVIEW,” along with the names and images of the founders, to mislead the public into believing that the infringing channels were associated with the official institute.
According to the plaintiffs, the continued hosting and dissemination of infringing content caused irreparable harm to their goodwill, reputation, and commercial interests.
Reasoning and Analysis
The Court examined the documents placed on record, including certificates demonstrating ownership of the trademark and copyright in the training material. It observed that the evidence prima facie showed that several defendants were hosting and distributing content identical or substantially similar to the plaintiffs’ copyrighted works. The Court further noted that the infringing material was continuously being disseminated through Telegram channels and related digital platforms, which posed a risk of ongoing damage to the plaintiffs’ business and reputation. In view of these findings, the Court held that the plaintiffs had established a strong prima facie case of trademark infringement, copyright infringement, and passing off. The Court also found that failure to grant immediate relief would result in irreparable injury to the plaintiffs that could not be adequately compensated through monetary damages.
Decision
The Tis Hazari District Court granted an ad-interim ex-parte injunction restraining the defendants from using the plaintiffs’ trademarks, trade name, or copyrighted content in any manner. The Court directed Telegram Messengers LLP to remove or disable the identified infringing channels, bots, groups, and URLs within three days of the order. Summons were issued to the defendants, and the matter has been listed for further hearing on April 8, 2026.
