The court emphasized the importance of protecting copyrighted content and granted a permanent injunction and take-down orders to prevent unauthorized sharing of the Plaintiff's copyrighted medical coaching content.

JUDGMENT

Prathiba M. Singh, J. (Oral)--The present suit has been filed by the Plaintiff - Doctutorials Edutech Private Limited (hereinafter "Plaintiff") seeking mandatory and permanent injunction, as also grant of damages, for protection of various copyrighted works and the Plaintiff's trademark `DocTutorials', including video lectures and other related contents, which the Plaintiff has created for the purpose of imparting coaching for medical entrance examinations.

2. The Plaintiff provides an online medical entrance examination coaching platform for examinations such as NEET PG, FMGE and NEET SS. The Plaintiff runs its business through a website registered as https://www.doctutorials.com/and a mobile application `Doc Tutorials'. The Plaintiff has around 5900 active subscribers. The Plaintiff's annual revenue was around 7 crores in the financial year 2021-22. The Plaintiff provides high quality audio visual medical content which is paid, soft copy notes, test and discussion videos, regular test series, etc. All of these can be accessed by subscription through the mobile application or the Plaintiff's website.

3. The grievance in the present suit was that there were several unknown persons, who were uploading and transmitting the video lectures on publicly accessible platforms. Defendant No.1/Telegram FZ-LLC (hereinafter "Telegram") is a cloud-based messaging platform and Defendant No.2/Mega Limited (hereinafter "Mega") offers cloud storage and file hosting. Both these platforms are being used by unknown Defendant Nos. 5&6 to share the Plaintiff's content unauthorizedly. Despite efforts, the Plaintiff could not identify the unknown persons, who were indulging in such illegalities. Accordingly, the present suit was filed seeking blocking orders and take down orders against the said websites, URLs and Telegram channels.

4. This Court had, vide order dated 25th January, 2022, passed a detailed order issuing an injunction against the Defendants in the following terms:

"19. The present suit has been filed for grant of permanent injunction and damages against unknown defendants no.5 and 6 (whose identities are unknown and hence, designated as John Doe) and their associates to restrain them from infringing the plaintiff's intellectual property and releasing the plaintiff's paid video lecture content on public platforms operated by the defendants no.1 and 2, along with ancillary reliefs.

20. Plaintiff, who is the exclusive licensee of the copyrighted material which forms part of the subject matter of this suit, is in the business of providing online medical examination coaching platforms for medical entrance examinations and runs its business through the website https://www.doctutorials.com/and a mobile application `DocTutorials'. It is claimed that due to high quality videos and other preparatory materials made available by the plaintiff to its users, the plaintiff is a leading platform and source of examination preparation for students all over India.

21. It is averred that the defendants no.5 and 6 have hacked into the secure service of the plaintiff and accessed the copyrighted paid video content using the usernames such as `OmniGratis', `OmniGrata', etc. My attention has been drawn to various channels made using the platform offered by the defendant no.1 and website provided on the platform of the defendant no.2 containing the infringing material. Despite notices from the plaintiff, the defendants have not taken down the infringing material.

22. Senior counsel appearing on behalf of the defendant no.1 submits that as and when the defendant no.1 is notified about the infringement activities being carried out on their channels with specific links, the defendant no.1 expeditiously takes them down, which has also been acknowledged by the plaintiff. He states that in the future as well, the defendant no.1 would continue to expeditiously take down all links in respect of the infringing material, upon communication by the plaintiff.

23. Co