2022/DHC/004741

$~10

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 9^th November, 2022

+

CS (COMM) 567/2022 and I.A. 13067/2022

STAR INDIA PRIVATE LIMITED & ANR.

..... Plaintiffs

Through:

Mr. Sidharth Chopra, Mr. Yatinder

Garg, Ms. Kriti Jindal, Mr. Akshay

Maloo and Mr. Rimjhim Tiwari,

Advocates.

versus

MHDTV.WORLD & ORS.

..... Defendants

Through:

Mr. Anjani Kumar Rai, Mr. Sparsh

Karnwal, Mr. Manmohan Kumar Jha

and Ms. Anadi Mishra, Advocates.

(M:8800829883)

Mr. Parva Khare, Advocate for D-12.

(M:9911983636)

Mr. Apoorv Kurup, CGSC with Ms.

Nidhi Mittal and Ms. Aparna Arun,

Advocates

for

D-28

&

29. (M:8447971163)

CORAM:

JUSTICE PRATHIBA M. SINGH

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

Digitally Signed

By:DEVANSHU JOSHI

Signing Date:10.11.2022

17:55:52

Signature Not Verified

2022/DHC/004741

domain names. The relevant extract of the said order dated 22nd August,

2022 reads as under:

“18.

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:

Digitally Signed

By:DEVANSHU JOSHI

Signing Date:10.11.2022

17:55:52

Signature Not Verified

2022/DHC/004741

Digitally Signed

By:DEVANSHU JOSHI

Signing Date:10.11.2022

17:55:52

Signature Not Verified

2022/DHC/004741

S.NO.

LIST OF WEBSITES

Digitally Signed

By:DEVANSHU JOSHI

Signing Date:10.11.2022

17:55:52

Signature Not Verified

2022/DHC/004741

content in any manner whatsoever.”

3.

Today, Mr. Sidharth Chopra, ld. Counsel appearing for the Plaintiffs,

submits that five of the DNRs have not complied with the orders of this

Court. The said DNRs are:

i.

NameCheap Inc./Defendant No.13;

ii.

Dynadot, LLC/Defendant No.14;

iii.

Tucows Inc./Defendant No.16;

iv.

Gransy s.r.o./Defendant No.17; and

v.

Sarek Oy/Defendant No.18.

4.

In this regard, ld. Counsel for the Plaintiffs has placed on record

NameCheap Inc.’s reply to the Plaintiffs’ email seeking compliance of the

order dated 22nd August, 2022. The said email reads as under:

“Hello,

Digitally Signed

By:DEVANSHU JOSHI

Signing Date:10.11.2022

17:55:52

Signature Not Verified

2022/DHC/004741

Namecheap Inc.”

5.

Mr. Chopra, ld. Counsel, thus submits that the DNRs are not

complying with various injunction orders passed by this Court, thereby

rendering the injunction orders ineffective.

6.

This Court has perused the said correspondence with the DNRs. In

terms of the orders passed by this Court in a batch of matters with the lead

matter being CS (COMM) 135/2022 titled Dabur India Ltd. v. Ashok

Kumar & Ors., on 3rd August, 2022 and 13^th/14^th September, 2022, this

Court reiterates its prima facie view that all DNRs have to abide by and give

effect to orders passed by competent courts, government authorities, etc.

Moreover, all these DNRs mentioned above and in respect of which

directions have been passed by the Court, are offering their services and

products in India and are bound by the Information Technology

(Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021

(hereinafter “2021 Rules”). Under the said Rules, they are also obligated to

appoint Grievance Officers to ensure compliance of the orders passed by this

Court, which they clearly appear not to have complied with.

7. This Court has previously taken note of Internet Corporation for

Assigned Names and Numbers’(hereinafter “ICANN”) agreement

Digitally Signed

By:DEVAN