Facts: Star India Pvt. Ltd., a leading entertainment and media company, alleged that IPTV Smarters Pro and other defendants were infringing its copyrights and broadcast reproduction rights by unauthorized streaming of its content. The plaintiff, which owns channels such as Star Movies, Star Plus, Disney+ Hotstar, and JioCinema, claimed that the defendants' rogue applications and websites provided illegal access to its copyrighted content, including live sports events, movies, and TV shows.
Issue: Whether the defendants, by hosting and making available the plaintiff’s copyrighted content through unauthorized streaming, were infringing Star India's intellectual property rights and whether an injunction should be granted to restrain such activities.
Reasoning of the Judge:
1. The plaintiff demonstrated a prima facie case for copyright infringement, showing that its content was being illegally streamed.
2. The balance of convenience lay in favor of the plaintiff, as the continued operation of the infringing platforms would cause irreparable harm and monetary loss.
3. Defendant No. 1 claimed to be a mere video player and not responsible for hosting the content. However, the court noted that even if the defendant is a video player, the content streamed on its platform infringes the plaintiff’s copyright.
4. Given the large-scale piracy and economic damage, an ex-parte ad-interim injunction was warranted.
Decision:
1. An interim injunction was granted, directing defendant nos. 5 and 6 (internet service providers) to block access to the infringing websites, including:
starshare.live
xtv.ooo
opplex.live
smart4k.cc
2. Defendant nos. 9 to 16 (various internet intermediaries) were also directed to block access to these domains.
3. Defendant nos. 17 and 18 (Department of Telecommunication and Ministry of Electronics & IT) were ordered to issue notifications to internet service providers to restrict access.
4. If additional infringing domains are discovered during proceedings, the plaintiff may notify the Joint Registrar (Judicial), who may extend the injunction accordingly.
5. The defendants were ordered to file their reply within four weeks, disclosing compliance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
Case Details:Star India Pvt. Ltd. v. IPTV Smarters Pro
Date of Order: February 10, 2025
Case No.: CS(COMM) 108/2025
Court: Delhi High Court
Judge: Hon’ble Ms. Justice Mini Pushkarna
