Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 7, Cited by 0]

Delhi High Court - Orders

Neela Film Productions Private Limited vs Taarakmehtakaooltahchashmah.Com & ... on 14 August, 2024

                                          $~30
                                          *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                          +           CS(COMM) 690/2024, I.A. 36509/2024, I.A. 36510/2024, I.A.
                                                      36511/2024, I.A. 36512/2024, I.A. 36513/2024 & I.A. 36514/2024

                                                      NEELA FILM PRODUCTIONS PRIVATE LIMITED .....Plaintiff
                                                                   Through: Mr. Pravin Anand, Mr. Ameet Naik,
                                                                            Mr. Dhruv Anand, Ms. Madhu
                                                                            Gododia, Ms. Udita Patro, Mr. Rohil
                                                                            Bandekar, Ms. Nimrat Singh, Ms.
                                                                            Deveesha tudekar, Mr. Dhananjay
                                                                            Khanna, Mr. Sujoy Mukherji,
                                                                            Advocates (M:9313399860)
                                                                   versus

                                                      TAARAKMEHTAKAOOLTAHCHASHMAH.COM & ORS.
                                                                                                  .....Defendants
                                                                    Through: Ms. Mamta Rani Jha, Mr. Rohan
                                                                             Ahuja, Ms. Shruttima Ehersa, Mr.
                                                                             Vatsalya Vishal, Ms. Anishi Sodani,
                                                                             Mr. Rahul Choudhary, Ms. Diya
                                                                             Viswanath, Advocates for Google
                                                                             LLC (M:9693237825)
                                                      CORAM:
                                                      HON'BLE MS. JUSTICE MINI PUSHKARNA
                                                                                         ORDER

% 14.08.2024 I.A. 36512/2024 (Application under Section 149 read with Section 151 of Code of Civil Procedure, 1908 ("CPC") seeking exemption to file court fees)

1. Learned counsel for the plaintiff submits that the requisite court fees shall be filed within a period of one week from today. Liberty is granted.

2. Accordingly, let court fees be filed within a period of one week from today.

CS(COMM) 690/2024 Page 1 of 25

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:47

3. The present application is disposed of.

I.A. 36514/2024 (Application under Section 151 of CPC seeking exemption from advance service to the defendant no.4)

4. Learned counsel for the plaintiff submits that all the defendants have been served, except defendant no.4, as the plaintiff has been unable to procure the phone number and/or Email address of defendant no. 4, despite efforts.

5. The plaintiff is seeking urgent relief in the present matter as the defendants are alleged to be infringing upon the registered copyright and trademark of the plaintiff, including selling infringing merchandise of the plaintiff's show, without any authorization.

6. Accordingly, exemption is granted to the plaintiff to serve advance copy to defendant no.4.

7. With the aforesaid directions, the present application is disposed of. I.A. 36511/2024 (Application under Section 151 of CPC seeking exemption from filing originals, clearer copies, translated copies, left side margins)

8. The present is an application under Section 151 of the Code of Civil Procedure, 1908 ("CPC"), on behalf of the plaintiff, seeking exemption from filing certified clearer/typed or translated copies of documents.

9. Exemption is granted, subject to all just exceptions.

10. Plaintiff shall file legible, clear, and translated copies of the documents, on which the plaintiff may seek to place reliance, before the next date of hearing.

11. Accordingly, the present application is disposed of. I.A. 36513/2024 (Application under Section 12A of the Commercial Courts, Commercial Division and Commercial Appellate Divisions of CS(COMM) 690/2024 Page 2 of 25 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:47 High Courts Act, 2015 read with Section 151 of CPC seeking exemption from undergoing Pre-Institution Mediation)

12. The present is an application under Section 12A of the Commercial Courts Act, 2015, read with Section 151 of CPC, seeking exemption from undergoing Pre-Institution Mediation.

13. Having regard to the facts of the present case and in the light of the judgment of Supreme Court in the case of Yamini Manohar versus T.K.D. Keerthi, 2023 SCC OnLine SC 1382, and Division Bench of this Court in Chandra Kishore Chaurasia Versus RA Perfumery Works Private Ltd., 2022 SCC OnLine Del 3529, exemption from attempting Pre-Institution Mediation, is granted.

14. Accordingly, the application stands disposed of. I.A. 36510/2024 (Application seeking leave to file additional documents)

15. The present application has been filed on behalf of the plaintiff under Order XI Rule 1(4) of the Code of Civil Procedure, 1908 as applicable to commercial suits under the Commercial Courts Act, 2015 seeking leave to file additional documents.

16. The plaintiff, if it wishes to file additional documents at a later stage, shall do so strictly as per the provisions of the Commercial Courts Act, 2015 and the DHC (Original Side) Rules, 2018.

17. Accordingly, the present application is disposed of. CS(COMM) 690/2024

18. Advance copy has been served upon the defendants, except defendant no.4. However, none appears for the defendants despite advance service. However, appearance is put in on behalf of Google LLC, as directions are sought in the present case against YouTube.

CS(COMM) 690/2024 Page 3 of 25

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:48

19. Accordingly, let the plaint be registered as suit.

20. Upon filing of the process fee, issue summons to the defendants by all permissible modes. Summons shall state that the written statement be filed by the defendants within thirty days from the date of receipt of summons. Along with the written statement, the defendants shall also file affidavit of admission/denial of the plaintiff's documents, without which, the written statement shall not be taken on record.

21. Liberty is given to the plaintiff to file replication within thirty days from the date of receipt of the written statement. Further, along with the replication, if any, filed by the plaintiff, an affidavit of admission/denial of documents of the defendants, be filed by the plaintiff, without which, the replication shall not be taken on record. If any of the parties wish to seek inspection of the documents, the same shall be sought and given within the timelines.

22. List before the Joint Registrar (Judicial) for marking of exhibits, on 16th October, 2024.

23. List before the Court on 16th December, 2024.

I.A. 36509/2024 (under Order XXXIX Rules 1 and 2 read with Section 151 of CPC)

24. The present suit has been filed for permanent injunction restraining infringement of copyright and trademark, misappropriation of publicity rights, unfair competition, passing off, tarnishment and dilution, damages, rendition of accounts, delivery up, etc.

25. Learned counsel appearing for the plaintiff submits that the plaintiff is a renowned Indian production house. The plaintiff, through its predecessor Neela Tele Films Pvt. Ltd., has produced several fiction and non-fiction shows since 1998. These have been broadcasted over various popular CS(COMM) 690/2024 Page 4 of 25 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:48 television channels such as Star Plus, Sony TV, SAB TV and Colors, apart from OTT platforms.

26. It is submitted that the crown jewel in the plaintiff's repertoire of shows is 'Taarak Mehta Ka Ooltah Chasmah' ("said Show"), which is subject matter of the present suit. The said Show first aired in 2008 on the television channel 'SAB TV'. It is stated to be one of the biggest and renowned entertainment brands of India, and is very popular amongst the Indian diaspora worldwide. The said show has been running for over 16 years, with approximately 4000 episodes. The said Show is India's longest running daily sitcom, which is a testament to its popularity.

27. It is submitted that the plaintiff owns exclusive rights to all concept, format and the intellectual property relating to the said Show. While certain exploitation rights of the episodes/ said Show vest in favor of Sony Pictures Networks India Pvt. Ltd., certain exploitation rights in respect of the said Show vest with the plaintiff. It is submitted that all rights in the title, the format, which inter alia, includes rights to the characters, characterizations, character mannerisms, characteristic dialogues, voice, dialogue delivery, mannerism and style of the characters, costumes of the characters, overall look of the character including hair, make-up and costume etc., all underlying literary, dramatic, artistic and musical works in the said Show, derivative and adaptation rights in respect of the said Show, are all owned by the plaintiff.

28. It is submitted that by virtue of the above rights vested in the plaintiff, the plaintiff has applied for and obtained trademark registrations for various marks in respect of the said Show. Any utilization of the plaintiff's intellectual property in the said Show, without its express consent or CS(COMM) 690/2024 Page 5 of 25 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:48 authorization amounts to a violation of its statutory and common law rights owned by them. This is all the more egregious when the defendants' activities are aimed at generating commercial gains. Further, the utilization of the plaintiff's intellectual property in connection with unsavory content such as pornography tarnishes and dilutes the plaintiff's immense reputation, goodwill and intellectual property.

29. It is submitted that the said Show has won multiple awards and nominations over the years, which demonstrates the popularity, quality and goodwill garnered by the said Show. The said Show has also amassed an extensive following on social media platforms.

30. It is further submitted that several major Bollywood celebrities have made appearances on the said Show to promote their movies.

31. It is submitted that the plaintiff has statutory rights over several registered trademarks in India pertaining to their Show and its characters. Some of such iconic trademarks over which the plaintiff enjoys trademark registrations include 'Taarak Mehta Ka Ooltah Chashmah', 'Ooltah Chashmah', 'Taarak Mehta', 'Jethaalal', 'Gokuldhaam', etc.

32. The plaintiff also enjoys copyright in its various characters and animations pertaining to the 'Taarak Mehta Ka Ooltah Chashmah' show, being works protectable under Section 13 of The Copyright Act, 1957. Additionally, the plaintiff has also applied for and obtained copyright registrations for the characters of the show as also for various animations.

33. It is submitted that plaintiff has developed merchandise with the characters of the plaintiff's Show.

34. It is submitted that there continues to be rampant infringement of the plaintiff's rights in the said Show. Content that infringes upon the plaintiff's CS(COMM) 690/2024 Page 6 of 25 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:48 rights in the said Show is created, and published every single day by countless persons who hide behind the veil of anonymity that the internet provides. It has, therefore, become impossible for the plaintiff to act and prosecute individual acts of infringement. It is for this reason that the plaintiff in the present case is seeking the indulgence of this Court to obtain orders against unknown John Doe parties, so as to enable the Plaintiff to curb this widespread and perennial infringement of its rights.

35. The defendants are infringing the plaintiff's rights in the said Show by displaying/ communicating to the public / hosting/ utilizing content of the said Show, which exclusively belongs to the plaintiff.

36. It is submitted that the defendant no. 1 website has been registered with the domain name https://taarakmehtakaooltahchashmah.com/ which infringes the registered trademarks of the plaintiff. The website prominently features the artwork, characters and other intellectual property of the plaintiff in the said Show, without any authorization, which infringes the Copyrights as well as Trademark Rights of the plaintiff in such elements. The screenshots of the website as given in the plaint, are reproduced as CS(COMM) 690/2024 Page 7 of 25 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:48 under:

37. It is submitted that the defendant no. 1 is using the name of the plaintiff's Show as well as the names and images of characters from the plaintiff's Show, to gain commercial gains by attracting traffic to their website.

38. It is submitted that the defendant nos. 2 to 4, are selling merchandise bearing the intellectual property of the plaintiff in the said Show. The defendant no. 2 is selling t-shirts and stickers bearing the images and dialogues of characters from the plaintiff's Show, while also using the name of the characters/name of the Show as the product title on their website https://brokememers.com/collections/tmkoc. Further, it has also been discovered that defendant no. 2 offers its infringing goods via third-party e-

commerce platforms "Amazon" (Link:

https://www.amazon.in/BROKE-MEMERS-babuchak-Meme-

Regular/dp/B0BYVSQK3G) and "Redbubble"

(Link:https://www.redbubble.com/people/brokememers/shop?artistUserNa CS(COMM) 690/2024 Page 8 of 25 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:48 me=brokememers&collections=3241987&iaCode=all- departments&sortOrder=relevant) to international customers as-well, thus, further diluting and tarnishing the value of the intellectual property of the plaintiff comprised in the said show. The defendant no. 3 is selling posters bearing the images and dialogues of characters from the plaintiff's show, while also using the name of the characters/name of the show as the product title. The defendant no. 4 is selling mugs bearing the images of characters from the plaintiff's show, while also using the name of the characters/name of the Show as the product title.

39. The Screenshots of the infringing products available on e-commerce platforms/website, as given in the plaint, are given below:

Defendant No. 2's website selling Infringing Products CS(COMM) 690/2024 Page 9 of 25 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:48 Defendant No. 2's products available on redbubble.com Defendant No. 2's Infringing Product listing on Amazon CS(COMM) 690/2024 Page 10 of 25 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:49 Defendant No. 3's Infringing Product listing on Amazon Defendant No. 4's Infringing Product listing on Amazon

40. It is submitted that the defendant nos. 5 to 9, are YouTube channels publishing videos or images containing AI generated images (also called CS(COMM) 690/2024 Page 11 of 25 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:49 deep fakes) of characters of the said show. Screenshots of the videos/website, as given in the plaint, are reproduces as follows:

Video on Defendant No. 5's YouTube Channel CS(COMM) 690/2024 Page 12 of 25 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:49 Video on Defendant No. 6's YouTube Channel Video on Defendant No. 7's YouTube Channel Video on Defendant No. 8's YouTube Channel CS(COMM) 690/2024 Page 13 of 25 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:49 Video on Defendant No. 9's YouTube Channel Defendant No. 10's Website

41. Thus, it is submitted that the defendants' actions clearly misappropriate the plaintiff's rights in the characters of the show through CS(COMM) 690/2024 Page 14 of 25 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:49 their image, likeness, and persona, for the purpose of creating new images through generative AI, and that too, without the plaintiff's consent.

42. It is submitted that the defendant nos. 11 and 12 appear to have created video games based on the said Show and uploaded videos of the same. These prominently feature inter alia the characters, and other elements of the Format of the said show, and various trademarks of the plaintiff. These video games are an adaptation/ work derived from the said show. Screenshots of the videos, are given below:

Video on Defendant No. 11's YouTube Channel CS(COMM) 690/2024 Page 15 of 25 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:49 Video on Defendant No. 12's YouTube Channel

43. It is submitted that the defendant nos. 14 and 15 are publishing videos on YouTube, wherein, they have unauthorizedly reproduced and utilized (a) the characters, sets and other elements of the Format of the said show, and/or (b) images and videos of the characters, sets and other elements of the Format of the said show, and/or (c) hashtags comprising of the trademarks of the plaintiff in the said show, which are aimed at falsely indicating an association with the said show.

44. It is submitted that the plaintiff also publishes content on social media and YouTube based on the said show, and therefore, the defendants are unfairly competing with the plaintiff by utilizing the plaintiff's intellectual property in the said show in an unauthorized manner. Screenshots of the videos, are given below:

CS(COMM) 690/2024 Page 16 of 25
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:49 Video from the Defendant No. 13's YouTube Channel Video from the Defendant No. 14's YouTube Channel CS(COMM) 690/2024 Page 17 of 25 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:49 Video from the Defendant No. 15's YouTube Channel

45. Therefore, the defendants are using the name of the plaintiff's show, the Format and stills, as well as the names, images of characters to create the said videos drawing a direct nexus to the plaintiff's show for commercial gains by publishing such videos on YouTube/on their website.

46. It is submitted that the defendant nos. 16 to 19 are publishing videos on YouTube, wherein, they have unauthorizedly used not only the name of the plaintiff's show, but also created animated videos narrating certain stories/riddles using the names and images of characters from the plaintiff's show. This act of the defendants of using the copyrights of the plaintiff is a clear act of infringement. The act also constitutes an infringement of the plaintiff's statutory and common law rights in its registered trademarks and copyrights. The defendant no. 23 is even portraying the characters wearing inappropriate clothing, which is even more egregious. Screenshots of the videos, are given below:

CS(COMM) 690/2024 Page 18 of 25
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:49 (Video from the Defendant No. 16's YouTube Channel) (Video from the Defendant No. 17's YouTube Channel) CS(COMM) 690/2024 Page 19 of 25 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:49 (Video from the Defendant No. 18's YouTube Channel) (Video from the Defendant No. 19's YouTube Channel)

47. It is submitted that the defendant nos. 20 and 21 are publishing videos on YouTube, wherein, they are sharing sexually explicit and vulgar content using the name and image of the characters of the show. It is submitted that the defendant no. 20 uses an unknown face distortion technology, to make it CS(COMM) 690/2024 Page 20 of 25 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:49 seem that the vulgar content and profanities, are being said by the animated characters. The defendant no. 21 is making short animated videos narrating sexually explicit stories using the names of the characters from the show, as well as hosting videos containing explicit pictures of the actors from the show, while using the names of the characters these actors play in the show. This act of the defendants is extremely egregious and is highly detrimental to the goodwill and reputation painstakingly built by the plaintiff in the said show.

48. It is stated that the said defendants are not authorized to provide services utilizing the intellectual property of the plaintiff in the said show whatsoever. Thus, the act of posting, streaming, broadcasting, retransmitting, exhibiting, making available for viewing, downloading, providing access to communicating to the public, displaying, uploading, modifying, publishing any content, goods or services featuring the intellectual property of the plaintiff in the said show, such as name and images of the iconic characters, iconic dialogues of the said show etc. amounts to infringement of the exclusive rights of the Plaintiff.

49. Thus, it is submitted that the plaintiff will be exposed to irreparable financial and reputational loss and injury, in case these websites/ social media channels/ internet links are not restrained from offering for sale, hosting, streaming, broadcasting, retransmitting, exhibiting, making available for viewing and download, providing access to and communicating to the public, displaying, uploading, modifying, publishing, updating and/or sharing content, goods, or services featuring the intellectual property of the plaintiff in the said show.

CS(COMM) 690/2024 Page 21 of 25

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:49

50. It is submitted that such unauthorized and rampant violations of plaintiff's copyright and trademark rights by the defendants, are causing grave prejudice to the plaintiff. The illegal and infringing contents are easily and freely available and accessible across India, making it almost impossible for the plaintiff to take actions against such websites in various jurisdictions. Such unauthorized dissemination not only undermines the rights of the plaintiff, but also causes grave economic and personal harm to the plaintiff.

51. Attention of this Court has been drawn to the documents, wherein, trademark and copyright registrations have been granted in favour of the plaintiff qua the characters of the show, as well as the word mark and device in 'TAARAK MEHTA KA OOLTAH CHASHMAH'.

52. Attention of this Court has also been drawn to the documents, wherein, the said series has been enlisted in the Guinness Book of World Records, and Limca Book of Records.

53. Attention of this Court has also been drawn to Judgment dated 20th September, 2023 passed in CS(COMM) 652/2023, titled as 'ANIL KAPOOR versus SIMPLY LIFE INDIA & ORS.', and in particular to the following paragraphs:

"xxx xxx xxx
40. The celebrity's right of endorsement would in fact be a major source of livelihood for the celebrity, which cannot be destroyed completely by permitting unlawful dissemination and sale of merchandise such as t-shirts, magnets, key chains, cups, stickers, masks, etc. bearing the face or attributes of their persona on it without their lawful authorisation.
xxx xxx xxx
42. The technological tools that are now freely available make it possible for any illegal and unauthorised user to use, produce or imitate any celebrity's persona, by using any tools including Artificial Intelligence. The celebrity enjoys the right of privacy, and does not wish that his or her image, voice, likeness is portrayed in a dark or CS(COMM) 690/2024 Page 22 of 25 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:49 grim manner, as portrayed on the porn websites. Moreover, the Plaintiffs image is being morphed along with other actresses in videos and images generated in a manner, which are not merely offensive or derogatory to the Plaintiff, but also to such other third-party celebrities and actresses.
43. The Court cannot turn a blind eye to such misuse of a personality's name and other elements of his persona. Dilution, tarnishment, blurring are all actionable torts which the Plaintiff would have to be protected against.
xxx xxx xxx
45. Under these circumstances, this Court has no doubt in holding that the Plaintiff's name, likeness, image, persona, etc., deserves to be protected, not only for Plaintiff's own sake but also for the sake of his family and friends who would not like to see his image, name and other elements being misused, especially for such tarnishing and negative use.
xxx xxx xxx"

54. In the above-noted circumstances, the plaintiff has demonstrated a prima facie case for grant of injunction in its favour, and in case ex-parte ad interim injunction is not granted, plaintiff will suffer an irreparable loss. Balance of convenience also lies in favour of the plaintiff, and against the defendants.

55. Accordingly, till the next date of hearing, the following directions are issued:

I. An order of ex parte ad-interim injunction is passed thereby restraining the defendant nos. 1 to 12 and 14 to 21, (including the John Doe parties), 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, CS(COMM) 690/2024 Page 23 of 25 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:49 displaying, uploading, modifying, publishing, updating, sharing (including to its subscribers and users), offering for sale on their websites, through the internet, or in any manner or platform whatsoever, any content, goods or services, that in any manner whatsoever, amounts to infringement/passing off, of the plaintiff's copyrighted material/ registered trademarks, including, but not limited to the title, the Characters, Format and Underlying Materials in the said show or anything else, which otherwise amounts to an infringement of the plaintiff's Copyright/registered trademarks/passing off of the goods/services offered by the defendants. The details of the YouTube posts, which contain character or material from the show, wherein, the defendants are exploiting the show and its materials and also showing pornographic content with the characters of the show, are given as Annexure-A to the present order, which are required to be brought down by the defendants; II. In case the infringing videos/websites/YouTube links are not brought down by defendant nos. 1 to 12 and 14 to 21 within 48 hours, then, MeitY and DoT, i.e., the defendant nos. 22 and 23, are directed to require the respective Internet Service Providers/ intermediaries, to suspend all links / websites/videos, as given in Annexure A to this order;
III. The plaintiff is also at liberty to notify the YouTube to block/suspend all the infringing URL's, that have been uploaded by the defendants, in terms of Annexure 'A' of this order;
IV. In case YouTube finds that any content is not infringing, it can write to the plaintiff. In that eventuality, the plaintiff is at liberty to move an CS(COMM) 690/2024 Page 24 of 25 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:49 appropriate application in this regard to this Court to seek appropriate orders from this Court;
V. YouTube is also directed to provide the plaintiff with the necessary details of defendant nos. 1 to 12 and 14 to 21.

56. Issue notice to the defendants by all permissible modes, upon filing of process fee.

57. Let reply be filed within a period of four weeks. Rejoinder thereto, if any, be filed within a period of two weeks, thereafter.

58. Compliance of Order XXXIX Rule 3 CPC be done, within a period of one week from today.

59. Re-notify before Court on 16th December, 2024.

MINI PUSHKARNA, J AUGUST 14, 2024 au CS(COMM) 690/2024 Page 25 of 25 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:50 ANNEXURE A This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:50 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:50 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:50 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:50 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:50 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:50 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:50 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:51 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:51 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:52 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:52 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:53 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:53 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:53 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:54 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:54 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:54 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:55 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:55 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:55 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:55 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:55 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:56 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/08/2024 at 04:42:56