Fact of the Case:
Living Media India Limited and TV Today Network Limited, part of the India Today Group, are publishers of popular magazines such as "India Today", "Business Today", and "Reader’s Digest India". The plaintiffs alleged that several Telegram channels and bots were illegally disseminating pirated versions of their copyrighted magazines and using their registered trademarks without authorization. These infringing activities caused loss of paid subscriptions and financial harm to the plaintiffs.
Procedural Background in Brief:
The plaintiffs filed a suit against Telegram FZ LLC (defendant no.1) and various Telegram channels and administrators (defendants no.2 to 15) in 2022. Initially, Telegram (defendant no.1) assured the Court that it had taken down the infringing channels. The Court subsequently directed Telegram to disclose details of the infringing accounts, which were served via WhatsApp and text messages. Since defendants no.2 to 15 failed to file written statements, they were proceeded against ex parte in September 2024. Telegram complied with all takedown requests, and the matter proceeded to final adjudication.
Reasoning of Court:
The Court found that the plaintiffs had established ownership of the trademarks and copyrights for their publications. The defendants no.2 to 15, by distributing pirated versions of the plaintiffs' magazines and using their marks on Telegram channels, infringed the plaintiffs’ intellectual property rights. The Court observed that the defendants' non-appearance and lack of defence meant the plaintiffs' claims were deemed admitted. The Court further noted that Telegram (defendant no.1) had complied with its obligations and had removed the infringing content.
Decision:
The suit was decreed in favor of the plaintiffs. A permanent injunction was granted against defendants no.2 to 16, restraining them from further infringement. Telegram (defendant no.1) was held bound by its earlier commitments to promptly remove infringing content as notified by the plaintiffs. No additional reliefs were pressed by the plaintiffs.
Case Details:
Case Title: Living Media India Limited & Anr. vs Telegram FZ LLC & Ors.
Date of Order: 3rd March 2025
Case Number: CS(COMM) 120/2022
Neutral Citation: Not provided
Name of Court: High Court of Delhi at New Delhi
Name of Hon'ble Judge: Hon'ble Mr. Justice Amit Bansal
