Zee Entertainment Enterprises Limited filed a suit against Mohalla Tech Private Limited seeking permanent injunction for copyright infringement on the defendant's platforms ShareChat and Moj, alleging unauthorized use of its sound recordings, music videos, and underlying works after the expiry of their User Content and Revenue Sharing Agreement on August 1, 2023 and License Agreement on July 14, 2023, despite prior notices and the defendant's claims of removal;
The defendant, an intermediary under the IT Act, denied liability attributing infringement to users and filed an application under Order VII Rule 10 CPC to return the plaint for lack of territorial jurisdiction in Delhi High Court, citing exclusive jurisdiction clauses in the agreements favoring Mumbai courts, plaintiff's registered office in Mumbai, and insufficient evidence of cause of action in Delhi beyond mere platform accessibility.
The court reasoned that the suit was for post-expiry statutory copyright infringement under the Copyright Act, not contractual breach, rendering the agreements' jurisdiction clauses inapplicable; distinguished trademark and passing-off cases requiring specific targeting or commercial harm, holding that in copyright matters, mere accessibility, interactivity, and availability of infringing content via the platforms' in-built music libraries to users in Delhi constituted part of the cause of action under Section 20(c) CPC, without needing proof of consumer confusion or restricted access; affirmed plaintiff's dominus litis to choose the forum where part cause arises. The court dismissed the application, upholding its jurisdiction, and listed the suit for further hearing.
Law Points:
Tests for determining jurisdiction in trademark infringement cases, such as specific targeting of viewers in the forum state for commercial transactions resulting in harm, are not applicable to copyright infringement suits, where mere accessibility and interactivity of the infringing content on online platforms suffice to establish part cause of action under Section 20(c) CPC [Zee Entertainment Enterprises Limited vs Mohalla Tech Private Limited, CS(COMM) 745/2023, Para 30-31].
In copyright infringement involving digital platforms, even if the website is not directly targeted at a particular territory, its unrestricted access characterizes it as targeting that territory, conferring territorial jurisdiction on the court where the platform is accessible [Zee Entertainment Enterprises Limited vs Mohalla Tech Private Limited, CS(COMM) 745/2023, Para 32].
Exclusive jurisdiction clauses in expired agreements do not bind parties in suits for statutory copyright infringement post-termination, as such claims arise independently of contractual obligations [Zee Entertainment Enterprises Limited vs Mohalla Tech Private Limited, CS(COMM) 745/2023, Para 34].
The plaintiff holds dominus litis under Section 20(c) CPC to institute a copyright infringement suit in a court where part of the cause of action arises due to accessibility of infringing content [Zee Entertainment Enterprises Limited vs Mohalla Tech Private Limited, CS(COMM) 745/2023, Para 35].
Case Title: Zee Entertainment Enterprises Limited Vs Mohalla Tech Private Limited:08.12.2025: CS(COMM) 745/2023 :2025:DHC:11002:Hon'ble Ms. Justice Mini Pushkarna
[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation]
[Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]
