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DELHI HIGH COURT
SURESH KUMAR KAIT
Star India Pvt. Ltd. – Appellant
Versus
Afilmywap.top – Respondent
| Table of Content |
|---|
| 1. protection of exclusive rights under copyright act (Para 1 , 2 , 3) |
| 2. involvement of domain registrars and isps in the case (Para 4 , 6 , 9) |
| 3. consent for permanent injunction with limitation on damages (Para 5 , 7 , 8) |
| 4. decree is passed as per prayer clauses (Para 10) |
| 5. disposal of suit and pending applications (Para 11 , 12) |
1. The plaintiffs have filed the instant suit for injunction and damages on the ground that their exclusive rights to the original content in the cinematograph film "Laxmii" (formerly known as Laxmi Bomb) are likely to be violated.
2. According to the plaintiffs, release of the film "Laxmii" has been postponed multiple times due to Covid-19 pandemic in India and was finally released on 9th November 2020 on Disney+ Hotstar. Film has been co- produced by the plaintiffs, Cape of Good Films LLP (defendant No.51) , Tusshar Entertainment House and Shabinaa Entertainment. However, the Intellectual Property Rights in the film are jointly held only by the plaintiffs and defendant No.51. Consequently, defendant No.51 and plaintiffs have the exclusive rights as enumerated under Section 14(d) of the Copyright Act, 1957 Act.
3. He
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