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PRATHIBA M. SINGH
Star India Pvt. Ltd. – Appellant
Versus
Moviesjoy. In – Respondent
JUDGMENT
Prathiba M. Singh, J.
I.A. 11848/2023 (u/O. XIII-A CPC) in CS(COMM) 712/2019
1. This pronouncement has been done through hybrid mode.
2. This is an application filed by the Plaintiff- Star India Pvt. Ltd. seeking a summary judgment under Order XIII-A of the Code of Civil Procedure (`CPC'), read with Rule 27 of the Delhi High Court Intellectual Property Rights Division Rules, 2022 (`IPD Rules') decreeing the suit in favour of the Plaintiff.
3. The present suit has been filed by Plaintiff against various rogue websites arrayed as Defendant Nos.1 to 36 (hereinafter, `Defendants') in the plaint. In the suit, the Plaintiff seeks a permanent injunction restraining the said websites from retransmitting, broadcasting, streaming or in any manner communicating to the public the cinematograph film `Chhapaak'.
4. The Plaintiff and its division Fox Star Studios are producers and owners of various television channels. The case of the Plaintiff is that they are a leading production house and own exclusive copyrights in respect of a large number of cinematograph films as also other copyrighted content. The present suit relates to a cinematograph film titled `Chhapaak' which was set for
Summary judgment can be granted if the Defendant has no real prospect of succeeding in the matter, and the Court may explore the possibility of deciding the dispute by a summary judgment without a sp....
Indian Copyright Act, 1957 confers a bundle of exclusive rights on owner of a “work” and provides for remedies in case copyright is infringed.
Courts can grant permanent injunctions against unauthorized streaming of copyrighted material, affirming producers' exclusive rights, especially when unauthorized use could cause financial harm.
The judgment establishes the legal principle that unauthorized distribution of copyrighted films is prohibited under the Cinematograph Act, 1952, and perpetrators can be held liable for damages and c....
Provisions of Order XIII-A of CPC, as applicable to commercial disputes.#12;
The court may grant a 'Dynamic+' injunction to protect copyright holders against rogue websites by extending blocking orders beyond currently identified infringing content to future content and newly....
The court established that unauthorized distribution of cinematograph films constitutes copyright infringement, allowing for dynamic injunctions to protect against evolving infringement tactics.
The judgment establishes the need for dynamic injunctions to protect copyrighted works, including future works, and emphasizes the role of ISPs and government authorities in combating internet piracy....
The court exercised discretion to allow separate trials despite the suit not meeting the requirements of joinder of plaintiffs, and relied on legal provisions to direct the defendants to block access....
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