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IN THE HIGH COURT OF DELHI
Jyoti Singh, J.
Star India Pvt. Ltd. - Appellant
Versus
Ashar Nisar - Respondent
CS(COMM) 214 of 2022
Decided On : 06-04-2022




Court granted an ex parte ad-interim injunction, ruling that balance of convenience favored plaintiffs in preventing irreparable harm from copyright infringements during legal proceedings.

Headnote:(A) Copyright Act, 1957 - Sections 14(d) and 37 - Intellectual property infringement - Plaintiffs, leading entertainment and media company, claim infringement of exclusive media rights by Defendants operating illegal apps/websites for unauthorized content access - Court finds prima facie case for injunction against Defendants to prevent further infringement. (Paras 22, 23, 30)

(B) Ex parte ad-interim injunction - Balance of convenience lies in favor of the Plaintiffs and they will suffer irreparable harm if the injunction is not granted. (Paras 30-31)

Facts of the case:
The Plaintiffs reported that their exclusive rights to various forms of content were being infringed by multiple unauthorized apps and websites, specifically in relation to live sporting events, including the TATA IPL 2022.

Findings of Court:
The court determined that a prima facie case existed justifying the issuance of an interim injunction to protect the Plaintiffs' rights while legal proceedings continue.

Issues: The main issues were whether the Plaintiffs' exclusive rights were infringed and the appropriateness of issuing an injunction to prevent further infringement.

Ratio Decidendi: The court assessed that immediate injunctive relief was appropriate, emphasizing the risk of irreparable harm to the Plaintiffs and affirming that the balance of convenience favored their request for an injunction.

Result: Ex parte ad-interim injunction granted against Defendants.

Table of Content
1. administrative orders for procedural compliance. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20)
2. plaintiffs' exclusive rights under copyright act established. (Para 21 , 22)
3. defendants' infringement of plaintiffs' rights discussed. (Para 23 , 24 , 25 , 26 , 27 , 28 , 29)
4. court considers injunction necessary based on plaintiffs' claims. (Para 30)
5. injunction granted against infringing defendants. (Para 31 , 32 , 33)

ORDER

IA No.5336/2022 (exemption)

1. Allowed subject to all just exceptions.

2. Application stands disposed of.

IA No.5337/2022 (u/O. XI Rule 1(4) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 r/w S. 151 CPC seeking leave to file additional documents)

3. Present application has been preferred on behalf of the Plaintiffs seeking leave to file additional documents under Order 11 Rule 1(4) CPC.

4. Plaintiffs, if they wish to file additional documents at a later stage, shall do so strictly as per the provisions of the Commercial Courts Act, 2015.

5. Application is allowed and disposed of.

I.A. 5335/2022 (under Section 80 read with Section 151 CPC)

6. Since there is an urgency in the matter and the matter is being heard today, Plaintiffs are exempted from serving Defendants No.24, 27, 32 and 33 with advance notice.

7. For the reasons stated in the application, the same is allowed and disposed of.

CS(COMM) 214/2022

8. Let the plaint be registered as a suit.

9. Issue summons.

10. Mr. Mohammad Kamran, learned counsel enters appearance on behalf of Defendant No.13.

11. Written statement be filed by Defendant No.13 within 30 days from today alongwith affidavit of admission/denial of the documents of the Plaintiffs.

12. Replication thereto, be filed by the Plaintiffs within 15 days of the receipt of the written statement alongwith an affidavit of admission/denial of the documents filed by Defendant No.13.

13. Upon filing of process fee, issue summons to the remaining Defendants, through all permissible modes, returnable on 13.07.2022. Summons shall state that the written statement shall be filed by the Defendants within 30 days from the receipt of summons. Along with the written statement, Defendants shall also file affidavits of admission/denial of the documents of the Plaintiffs.

14. Replication be filed by the Plaintiffs within 15 days of receipt of the written statement. Along with the replication, an affidavit shall be filed by the Plaintiffs of admission/denial of the documents filed by the Defendants.

15. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.

16. List before the Joint Registrar on 13.07.2022.

17. List before the Court on 25.08.2022.

I.A. 5334/2022 (U/O 39 Rules 1 and 2 read with Section 151 CPC)

18. Issue notice to the Defendants.

19. Mr. Mohammad Kamran, learned counsel accepts notice on behalf of Defendant No.13.

20. On steps being taken, notice be issued to the remaining Defendants, through all permissible modes, returnable on 25.08.2022.

21. It is averred in the plaint that Plaintiff No. 1 is a leading entertainment and media company in India engaged, inter alia, in the production of popular content broadcast on its STAR Channels (such as Star Plus, Star Sports 1, Star Gold, Star Jalsa, etc.) and is an exclusive licensee of media rights to various sporting events which are also broadcast on its Star channels such as the ongoing TATA Indian Premier League 2022. Plaintiff No.1 also claims to be a leading film production and distribution company. Plaintiff No. 2, it is averred, owns and operates the online audio-visual streaming platform and website, `www.hotstar.com' and the mobile application, `Disney+ Hotstar' which enables viewers to watch content such as serials (including content of STAR Channels) and programs, films, sports content including live sporting events, trai

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