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Doctutorials Edutech Private Limited vs Telegram Fz-Llc & Ors on 25 January, 2022

Author: Amit Bansal

Bench: Amit Bansal

                          $~16
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +     CS(COMM) 60/2022 & I.A. No. 1338/2022 (O-39 R-1 & 2)

                                DOCTUTORIALS EDUTECH PRIVATE LIMITED ..... Plaintiff
                                            Through  Mr. Gopal Jain, Senior Advocate with
                                                     Mr. Vinod Kumar, Mr. Dheeraj Nair,
                                                     Ms. Anjali Anchayil and Ms. Avni
                                                     Sharma, Advocates
                                            versus

                                TELEGRAM FZ-LLC & ORS.                   ..... Defendants
                                             Through   Mr. Rajshekhar Rao, Senior Advocate
                                                       with     Ms.    Anushka       Sharda,
                                                       Mr.Madhav Khosla, Ms. Smriti Nair,
                                                       Advocates for Defendant No. 1
                                                       (Telegram FZ LLC)
                                                       Mrs. Bindra Rana, Ms. Priya Adlakha
                                                       and Ms. Rima Majumdar, Advocates
                                                       for Defendant No. 2/Mega Limited
                                                       Mr. Sachin Gupta, Ms. Jasleen Kaur,
                                                       and Mr. Pratyush Rao, Advocates for
                                                       defendant No.14 with proforma
                                                       Defendant No.14 - Dr.Rajarathna
                                                       Thangavel
                                CORAM:
                                HON'BLE MR. JUSTICE AMIT BANSAL
                                             ORDER

                          %                  25.01.2022
                          [VIA VIDEO CONFERENCING]

I.A. No. 1339/2022 (for exemption from pre-institution mediation and settlement)

1. For the reasons stated in the application, the same is allowed.

2. The application stands disposed of.

I.A. No. 1340/2022 (for exemption)

3. Subject to the plaintiffs filing certified, typed, translated, legible copies of any dim or illegible documents on which they may seek to place reliance, within four weeks from today, exemption is granted for the present.

4. The application is disposed of.

I.A. No. 1341/2022 (u/s 80 of CPC)

5. For the reasons stated in the application, the application is allowed and the plaintiffs are given leave to file the present suit without serving notice under Section 80 of the Code of Civil Procedure, 1908 (CPC). CS(COMM) 60/2022

6. Let the plaint be registered as a suit.

7. Summons be issued to the defendants.

8. Summons are accepted by counsel appearing on behalf of defendants No.1, 2 and 14.

9. Summons be issued to the remaining defendants through all permissible modes.

10. The summons shall state that the written statement(s) shall be filed by the defendants within thirty days from the date of the receipt of summons. Along with the written statement(s), the defendants shall also file an affidavit of admission/denial of the documents of the plaintiff.

11. Liberty is given to the plaintiff to file replication, if any, within fifteen days from the receipt of the written statement(s). Along with the replication filed by the plaintiff, an affidavit of admission/denial of the documents of the defendants, be filed by the plaintiff.

12. The parties shall file all original documents in support of their respective claims along with their respective pleadings. In case parties are Signature Not Verified Signed By:SAKSHI RAMOLA CS(COMM) 60/2022 Page 2 of 6 Signing Date:01.25.2022 23:23:57 placing reliance on a document, which is not in their power and possession, its detail and source shall be mentioned in the list of reliance, which shall be also filed with the pleadings.

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

14. List before the Joint Registrar on 30th March, 2022 for completion of service, pleadings, admission and denial of documents and marking of exhibits.

15. List before the Court on 14th July, 2022 for framing of issues.

16. Counsel appearing for the defendant no.14 states that the matter may be referred to mediation insofar as the dispute between the plaintiff and the defendant no.14 is concerned. The same is not opposed by senior counsel appearing on behalf of the plaintiff.

17. The matter is referred to Delhi High Court Mediation and Conciliation Centre for exploring possibility of settlement.

18. List before Delhi High Court Mediation and Conciliation Centre on 02nd February, 2022 at 4.00 P.M. I.A. No. 1338/2022 (u/O-XXXIX R-1 & 2 of the CPC)

19. The present suit has been filed for grant of permanent injunction and damages against unknown defendants no.5 and 6 (whose identities are unknown and hence, designated as John Doe) and their associates to restrain them from infringing the plaintiff's intellectual property and releasing the plaintiff's paid video lecture content on public platforms operated by the defendants no.1 and 2, along with ancillary reliefs.

20. Plaintiff, who is the exclusive licensee of the copyrighted material which forms part of the subject matter of this suit, is in the business of Signature Not Verified Signed By:SAKSHI RAMOLA CS(COMM) 60/2022 Page 3 of 6 Signing Date:01.25.2022 23:23:57 providing online medical examination coaching platforms for medical entrance examinations and runs its business through the website https://www.doctutorials.com/ and a mobile application 'DocTutorials'. It is claimed that due to high quality videos and other preparatory materials made available by the plaintiff to its users, the plaintiff is a leading platform and source of examination preparation for students all over India.

21. It is averred that the defendants no.5 and 6 have hacked into the secure service of the plaintiff and accessed the copyrighted paid video content using the usernames such as 'OmniGratis', 'OmniGrata', etc. My attention has been drawn to various channels made using the platform offered by the defendant no.1 and website provided on the platform of the defendant no.2 containing the infringing material. Despite notices from the plaintiff, the defendants have not taken down the infringing material.

22. Senior counsel appearing on behalf of the defendant no.1 submits that as and when the defendant no.1 is notified about the infringement activities being carried out on their channels with specific links, the defendant no.1 expeditiously takes them down, which has also been acknowledged by the plaintiff. He states that in the future as well, the defendant no.1 would continue to expeditiously take down all links in respect of the infringing material, upon communication by the plaintiff.

23. Counsel appearing for the defendant no.2 also makes a similar statement, that the defendant no.2 is willing to take down all offending websites expeditiously, upon being notified of the same by the plaintiff.

24. Issue notice.

25. Notice is accepted by the counsel appearing on behalf of the defendants no.1, 2 and 14.

26. Notice be issued to the remaining defendants through all permissible modes.

27. Reply be filed within four weeks. Rejoinder thereto, if any, be filed two weeks thereafter.

28. In my view, plaintiff has made out a prima facie case for grant of ex parte ad interim injunction. From the material shown to the Court, it appears that the defendants no.5 and 6 are infringing on the copyrighted material of which the plaintiff is the exclusive licensee and are making unauthorized use of the same. Thus, balance of convenience is in favour of the plaintiff. Irreparable harm and injury would be caused to the plaintiff if an ex parte ad interim injunction is not granted in favour of the plaintiff.

29. Consequently, till the next date of hearing the defendants no.5 and 6, their owners, partners, proprietors, officers, servants, employees, and all others in the capacity of principal or agent acting for and on their behalf, or anyone claiming through, by or under it, etc. are restrained from using the plaintiff's trademark and copyrighted content on the channels/website(s) as detailed in prayer (i) to the present application on the platforms run by defendants no.1 and 2.

30. Defendants no.1 and 2 shall remain bound by their statement that they will take down all unauthorized illegal content in respect of copyrighted video content of the plaintiff which is posted/hosted/uploaded on their channels and upon being notified by the plaintiff, will expeditiously block access and take down the said channels.

31. Defendants no. 1 and 2 are directed to provide all details of the offending parties that are available with them to the plaintiff, including the IP details, identification, emails, phone numbers.

32. List before the Joint Registrar on 30th March, 2022.

33. List before the Court on 14th July, 2022.

34. Compliance of Order XXXIX Rule 3 of the CPC be done within seven days.

AMIT BANSAL, J.

JANUARY 25, 2022/dk Signature Not Verified Signed By:SAKSHI RAMOLA CS(COMM) 60/2022 Page 6 of 6 Signing Date:01.25.2022 23:23:57