Delhi High Court - Orders
Arha Media And Broadcasting Private ... vs Www.Vcinema.Com & Ors on 28 December, 2022
Author: Sanjeev Sachdeva
Bench: Sanjeev Sachdeva
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS (COMM) 925/2022 & I.A. 22468-73/2022
ARHA MEDIA AND BROADCASTING
PRIVATE LIMITED ..... Plaintiff
Through: Mr. Pravin Anand, Mr. Ameet Naik,
Mr. Dhruv Anand, Ms. Madhu
Gadodia, Ms. Udita Patro, Ms. Megha
Chandra, Ms. Tarini Kulkarni and
Ms. Rasika, Advocates
versus
WWW.VCINEMA.COM & ORS. ..... Defendants
Through: None.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
ORDER
% 28.12.2022 I.A. _______of 2022 (Order 6 Rule 17 CPC) (to be numbered).
1. Learned counsel for the plaintiff submits that on account a typographical error in paragraph 49 (cause of action) an incorrect date has been mentioned. He submits that an application under Order VI Rule 17 CPC has been filed with the Registry vide diary no. 2092619 dated 28.12.2022.
2. Since the application has been filed today only, the same has not been listed. The Registry is directed to register and number the application. Copy of the application has been produced in Court and perused.
Signature Not Verified Digitally Signed By:KUNAL MAGGUSigning Date:29.12.2022 12:09:18 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
CS (COMM) 925/2022 13. In view of the averments in the application and since notice has not yet been issued, the application is allowed. The amended plaint is taken on record.
I.A. 22469/2022 (additional documents) Issue notice by all modes returnable on 17.01.2023 before the Roster Bench.
I.A. 22470/2022 (exemption) Allowed subject to just exceptions.
I.A. 22471/2022 (extension of time for Court fee) The requisite Court Fee be filed within twop weeks. Application is allowed in the above terms.
I.A. 22472/2022 (exemption from pre-litigation mediation) Issue notice by all modes returnable on 17.01.2023 before the Roster Bench.
I.A. 22473/2022 (exemption) Allowed subject to just exceptions.
I.A. 22468/2022 (Stay)
1. Plaintiff seeks a restraint on illegal and unauthorized dissemination of the Plaintiff's alleged original content in its talk- show series 'Unstoppable' which airs on the Plaintiff's OTT Platform Signature Not Verified Digitally Signed By:KUNAL MAGGU Signing Date:29.12.2022 12:09:18 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
CS (COMM) 925/2022 2.
2. Plaintiff claims to be in the business of procurement, development, distribution and dissemination, broadcasting/re- broadcasting of entertainment programs, such as cinematographic feature films, serials, talent hunts, reality shows, talk show series, documentaries, etc. using existing and emerging technologies through its online video/ OTT platform named which operates in the Telugu and Tamil Languages, in domestic and international markets.
3. The Plaintiff claims to be the sole and exclusive proprietor of the Intellectual Property Rights in a talk-show series 'Unstoppable' which airs on its OTT Platform .
4. The show is stated to be presently in its 2nd season, which commenced airing on 14th October, 2022. The show's 1st season was also broadcast on the Plaintiff's OTT Platform during the period 04.11.2021 to 04.02.2022.
5. Plaintiff claims to be the proprietor of all the Copyrightable works in the talk-show series 'Unstoppable', and claims to enjoy exclusive Broadcast Reproduction Rights in respect of the Broadcast of the said talk-show series on its OTT Platform .
6. Learned Counsel for the Plaintiff submits that, any unauthorized reproduction, or communication to the public, of any of the episodes of the talk-show series 'Unstoppable' or any part thereof, Signature Not Verified Digitally Signed By:KUNAL MAGGU Signing Date:29.12.2022 12:09:18 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
CS (COMM) 925/2022 3including by way of broadcast or re-broadcast, amounts to not only an infringement of the Plaintiff's subsisting Copyright in the said talk- show series, but also an infringement of the Plaintiff's exclusive Broadcast Reproduction Rights in the said series.
7. Plaintiff claims to have already incurred huge commercial expense, of Rs. 17 Crores, towards production, promotional and marketing activities undertaken for both the seasons of the Plaintiff's talk-show series 'Unstoppable'. Of this, almost INR 3.5 Crores has been incurred for promotional activities undertaken by the Plaintiff in respect of Season 2 alone.
8. The present suit has been filed by the Plaintiff against Defendants and other parties [unnamed John Does] who are claimed to be rogue websites involved in infringing the Plaintiff's rights by unauthorizedly and illegally disseminating the Plaintiff's original content in its talk-show series 'Unstoppable' over their platforms.
9. Plaintiff further contends that most of the parties that are infringing the Rights of the Plaintiff are doing so clandestinely and surreptitiously without a clear disclosure of their names, addresses and other details. That for this reason, due to the difficulty in identifying the various infringers, the Plaintiff is at this stage joining such infringers as John Doe parties in the present suit.
10. Plaintiff further submits that on the 30th of December, 2022, the Plaintiff would be airing the 5th Episode of the Season 2 of its talk- show series 'Unstoppable' which is slated to feature Mr. Prabhas Signature Not Verified Digitally Signed By:KUNAL MAGGU Signing Date:29.12.2022 12:09:18 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
CS (COMM) 925/2022 4Raju.
11. It is submitted that on account of the huge popularity of Mr. Prabhas Raju, Plaintiff apprehends large scale piracy of the said Episode. It is submitted that in order to safeguard its rights and the huge commercial investment made by it in the 'Unstoppable' talk- show series, the Plaintiff has been constrained to file the present suit.
12. Plaintiff has also placed on record a list of infringing web links to their content at pages 599 to 605 of the List of Documents dated 27th December, 2022 and also various rogue websites, as identified by the Plaintiff at pages 606 to 610 of the List of Documents dated 27th December, 2022, which allegedly host infringing content.
13. Considering the investment which the Plaintiff is alleged to have made in the talk-show series, any illegal broadcasting would severely affect the monetary interest of the Plaintiff, and also diminish the value of the Plaintiff's talk-show series.
14. In view of the above, I am satisfied that Plaintiff has been able to make out a strong prima facie in its favour for grant of an ex-parte ad-interim injunction, in the nature of a dynamic injunction. The balance of convenience also lies in favour of the Plaintiff and in case an ex-parte ad-interim dynamic injunction is not granted Plaintiff shall suffer irreparable loss and injury.
15. Accordingly, till the next date of hearing an ex parte ad-interim injunction is granted thereby restraining the Defendants (including Signature Not Verified Digitally Signed By:KUNAL MAGGU Signing Date:29.12.2022 12:09:18 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
CS (COMM) 925/2022 5John Does), their owners, partners, proprietors, officers, servants, employees and all others in capacity of principal or agent acting for and on their behalf or anyone claiming through by or under it, from in any manner hosting, streaming, broadcasting, re-transmitting, exhibiting, making available for viewing and downloading, providing access to and communicating to the public, displaying, uploading, modifying, publishing, updating and/or sharing (including to its subscribers and users) on their websites, through the internet, or in any manner or platform whatsoever, the Plaintiff's talk show series titled 'Unstoppable' season 1 and season 2 or any other future seasons thereof, and/or any part thereof and/or any content related thereto and/or all future works derived from the said web-series (including any future formats made for exhibiting on the Metaverse), amounting to an infringement of the Plaintiff's Copyright and/or Broadcast Reproduction Rights in the said talk-show series.
16. Department of Telecommunication (DoT) and the Ministry of Electronics and Information Technology (MeitY) are also directed to direct the Internet Service Providers (ISPs) registered with them, to pull down all infringing links as provided by the Plaintiff at pages 599 to 605 of the List of Documents dated 27th December, 2022 (annexed as Annexure A hereto).
17. DoT and the MeitY are also directed to direct the various Internet Service Providers (ISPs) and Telecom Service providers registered with them to immediately block access to the various rogue Signature Not Verified Digitally Signed By:KUNAL MAGGU Signing Date:29.12.2022 12:09:18 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
CS (COMM) 925/2022 6websites, as identified by the Plaintiff at pages 606 to 610 of the List of Documents dated 27th December, 2022 (annexed as Annexure B hereto), which allegedly host infringing content.
18. DoT and the MeitY are directed to direct the various Internet Service Providers and Telecom Service providers registered with them, to provide to the Plaintiff, if so requested by the Plaintiff, with the complete details of the rogue websites, including but not limited to Name, Address, Email Address, Phone Number, IP Address, etc., so as to enable the Plaintiff to implead the said websites as Defendants.
19. Compliance of Order XXXIX Rule 3 of the CPC be made within two weeks.
20. Order Dasti, under the signatures of the Court Master.
CS (COMM) 925/2022 Amended Plaint be registered as a Suit. Issue summons to the defendants by all modes returnable on 17.01.2023 before the Roster Bench.
SANJEEV SACHDEVA, J (VACATION JUDGE) DECEMBER 28, 2022 'rs' Signature Not Verified Digitally Signed By:KUNAL MAGGU Signing Date:29.12.2022 12:09:18 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
CS (COMM) 925/2022 7ANNEXURE-A Signature Not Verified Digitally Signed By:KUNAL MAGGU Signing Date:29.12.2022 12:09:18 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
Signature Not Verified Digitally Signed By:KUNAL MAGGUSigning Date:29.12.2022 12:09:18 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
Signature Not Verified Digitally Signed By:KUNAL MAGGUSigning Date:29.12.2022 12:09:18 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
Signature Not Verified Digitally Signed By:KUNAL MAGGUSigning Date:29.12.2022 12:09:18 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
Signature Not Verified Digitally Signed By:KUNAL MAGGUSigning Date:29.12.2022 12:09:18 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
Signature Not Verified Digitally Signed By:KUNAL MAGGUSigning Date:29.12.2022 12:09:18 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
Signature Not Verified Digitally Signed By:KUNAL MAGGUSigning Date:29.12.2022 12:09:18 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
ANNEXURE-B Signature Not Verified Digitally Signed By:KUNAL MAGGU Signing Date:29.12.2022 12:09:18 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
Signature Not Verified Digitally Signed By:KUNAL MAGGUSigning Date:29.12.2022 12:09:18 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
Signature Not Verified Digitally Signed By:KUNAL MAGGUSigning Date:29.12.2022 12:09:18 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
Signature Not Verified Digitally Signed By:KUNAL MAGGUSigning Date:29.12.2022 12:09:18 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
Signature Not Verified Digitally Signed By:KUNAL MAGGUSigning Date:29.12.2022 12:09:18 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.