Sunday, March 30, 2025

Applause Entertainment Private Limited Vs. WWW.9XMOVIES.COM.TW

    Case Overview

    • Applause Entertainment Private Limited filed a suit against several websites and ISPs for copyright infringement related to their web series 'UNDEKHI'.
    • The plaintiff sought a permanent injunction to restrain the defendants from infringing their copyright.
    • The court is considering a summary judgment application by the plaintiff.

    Plaintiff's Case

    • Applause Entertainment is a producer of audio-visual content, including the web series 'UNDEKHI'.
    • They hold the copyright to 'UNDEKHI,' particularly the third season released on SonyLIV.
    • The plaintiff granted an exclusive license to SonyLIV to exploit the series.

    Defendants

    • Defendants 1, 2, and 14-19 are websites/URLs involved in unauthorized broadcasting of copyrighted content.
    • Defendants 3-11 are ISPs impleaded to block access to the infringing websites.
    • Defendants 12 and 13 are government bodies (DoT and MEITY) impleaded to issue blocking notices to the ISPs.

    Proceedings

    • The plaintiff discovered unauthorized distribution of 'UNDEKHI' shortly after its release.
    • An ex-parte ad interim injunction was previously granted, directing ISPs to block the infringing websites.
    • Some defendants were proceeded against ex parte due to non-appearance.

    Analysis and Findings

    • The court found that the defendants' websites are rogue websites engaged in copyright infringement.
    • The defendants are making the plaintiff's series available without authorization.
    • The court referenced previous judgments and the concept of 'Dynamic Injunction' to address the emergence of new infringing websites.

    Relief

    • The suit was decreed in favor of the plaintiff against defendants 1, 2, and 14-19, granting the injunction sought.
    • The plaintiff is permitted to implead mirror/redirect websites, subject to the same decree.
    • Defendants 12 and 13 (DoT and MEITY) are directed to issue notifications to ISPs to block access to the infringing websites.

    Case Title: Applause Entertainment Private Limited Vs. WWW.9XMOVIES.COM.TW 
    Date of Order: 19th March 2025
    Case Number: CS(COMM) 418/2024
    Neutral Citation: 2025:DHC:1994
    Name of Court: High Court of Delhi 
    Name of Hon'ble Judge: Hon'ble Mr. Justice Amit Bansal

No comments:

Post a Comment

Featured Post

WHETHER THE REGISTRAR OF TRADEMARK IS REQUIRED TO BE SUMMONED IN A CIVIL SUIT TRIAL PROCEEDING

WHETHER THE REGISTRAR OF TRADEMARK IS REQUIRED TO BE SUMMONED IN A CIVIL SUIT TRIAL PROCEEDING IN ORDER TO PROVE THE TRADEMARK  REGISTRA...

My Blog List

IPR UPDATE BY ADVOCATE AJAY AMITABH SUMAN

IPR UPDATE BY ADVOCATE AJAY AMITABH SUMAN

Search This Blog