IN THE HIGH COURT OF DELHI
Prathiba M. Singh, J.
Star India Private Limited - Appellant
Versus
Mhdtv.world - Respondent
CS (COMM) 567 of 2022 and I.A. 13067 of 2022
Decided On : 09-11-2022
| Table of Content |
|---|
| 1. injunction granted against infringement (Para 2) |
| 2. dnrs non-compliance with court orders (Para 3 , 5) |
| 3. dnrs obligation under it rules (Para 6 , 8) |
| 4. icann agreements and dnr obligations (Para 7 , 9) |
| 5. governmental action against non-compliant dnrs (Para 10 , 11 , 12) |
| 6. next hearing scheduled (Para 13 , 14) |
JUDGMENT
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. Vide previous order dated 22nd August, 2022, an ex-parte ad interim injunction was granted in this matter restraining infringement of the Plaintiffs' exclusive rights in the Asia Cricket Cup matches and associated content. Disclosure orders were also passed against the Domain Name Registrars (hereinafter "DNRs") to disclose the details of the impugned domain names. MeitY and DoT were also directed to block the impugned domain names. The relevant extract of the said order dated 22nd August, 2022 reads as under:
"18. Under such circumstances, the Court is convinced that the Plaintiff has made out a prima facie case for grant of an ex-parte ad interim injunction, which is also a dynamic injunction. The balance of convenience lies in favour of the Plaintiffs and irreparable injury would be caused if the interim injunction is not granted. Disclosure orders are also liable to be passed against the Domain Name Registrars, and further, the MEITY and DoT ought to also issue blocking orders to all the ISPs, to block the said rogue websites.
19. Considering the investment which the Plaintiffs have made in acquiring the rights of these events, any illegal broadcasting would severely affect the monetary interest of the Plaintiffs, and also diminish the value of the rights of such sporting events. Accordingly, till the next date of hearing, the Defendant Nos. 1 to 11 and all others acting for or on their behalf, shall stand restrained from hosting, streaming, broadcasting, rebroadcasting, retransmitting or in any other manner communicating to the public, or disseminating to the public, any cricketing events, extracts, excerpts, highlights in relation to cricket matches relating to the Asia Cup 2022 commencing from 27th August, 2022 to 11th September, 2022.
20. The Domain Name Registrars shall also immediately block the said domain names and maintain status quo thereof. The said Domain Name Registrars shall also disclose to the Plaintiffs the following:
a. Complete details (such as Narne, Address, Email Address, Phone Number, IP Address etc.) of the Defendant Nos. 1 to 11 (and such other websites which are discovered during the course of the proceedings and notified on Affidavit by the Plaintiffs to have been infringing he Plaintiffs' exclusive rights, copyrights and broadcast reproduction rights).
b. Mode of Payment along with payment details used for registration of domain name by the Registrant i.e., Defendant Nos. 1 to 11 (and such other websites which are discovered during the course of the proceedings and notified on Affidavit by the Plaintiffs to have been infringing he Plaintiffs' exclusive rights, copyrights and broadcast reproduction rights).
c. Details of other websites registered by the Defendant Nos. 1 to 11 (and such other websites which are discovered during the course of the proceedings and notified on Affidavit by the Plaintiffs to have been infringing he Plaintiffs' exclusive rights, copyrights and broadcast reproduction rights) using similar details, same credit card, payment gateway etc. (disclosed as per Clause b above) with the Defendant No. 12 to 18.
d. Details of Complaints received by the Defendant Nos. 12 to 18 in past against the Defendant Nos. 1 to 11 (and such other websites which are discovered during the course of the proceedings and notified on Affidavit by the Plaintiffs to have been infringing he Plaintiffs' exclusive rights, copyrights and broadcast reproduction rights).
21. The DoT and MEITY, as also the ISPs, shall block the Defendant Nos. 1 to 11 websites. The said blocking orders shall be

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