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Showing contexts for: dynamic injunction in Warner Bros. Entertainment Inc. & Ors vs Moviesmod.Bet & Ors on 30 August, 2024Matching Fragments
26. The plaintiff today is asking for a dynamic injunction, which recently has also been considered in Interim Application (Lodging) No.10257 of 2023 titled "Applause Entertainment Private Limited vs. Meta Platforms Inc. and others" wherein the Bombay High Court, while dealing with clips of the audio-visual content of the webseries, copyright whereof were held by the plaintiff therein, has granted an ex parte ad interim injunction of the same nature.
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 05/09/2024 at 20:49:56 that is undertaken by hydra-headed websites, this Court has deemed it appropriate to issue this 'Dynamic+ injunction' to protect copyrighted works as soon as they are created, to ensure that no irreparable loss is caused to the authors and owners of copyrighted works, as there is an imminent possibility of works being uploaded on rogue websites or their newer versions immediately upon the films/shows/series etc. The Plaintiffs are permitted to implead any mirror/redirect/alphanumeric variations of the websites identified in the suit as Defendants Nos. 1 to 16 including those websites which are associated with the Defendants Nos. 1 to 16, either based on the name, branding, identity or even source of content, by filing an application for impleadment under Order I Rule 10 CPC in the event such websites merely provide new means of accessing the same primary infringing websites that have been injuncted. ... ..."
28. For the afore-going reasons, especially as set out in paragraph nos.23 to 25 hereinabove as also the legal position qua grant of dynamic injunction in suits of the present nature, the plaintiffs have been able to make out a prima facie case with the balance of convenience for grant of an ad interim ex-parte injunction as also for dynamic injunction in their favour and against the defendants. In case the defendants are not restrained by way of an ad interim ex-parte injunction, there is a likelihood of the plaintiffs suffering irreparable harm, loss, injury and prejudice which cannot be compensated for in terms of money.
29.3. Defendant nos.55 and 56 (DoT and MeitY) shall take steps to ensure that ISPs comply with the directions issued above, through appropriate communications and notices sent to the said ISPs, including other ISPs which are registered with them. 29.4. Lastly, 'Dynamic+ injunction' is granted to the plaintiffs to protect their copyrighted works as soon as they are infringed/ created, in order to ensure no irreparable loss is caused to the owners of copyrighted works. Consequently, the plaintiffs are permitted to implead any mirror/redirect/alphanumeric variations of the websites, as given in Annexure A, including those websites which are associated with them, either based on the name, branding, identity or even source of content, by making an appropriate application for impleadment.