Delhi High Court - Orders
Quantum Page Pvt. Ltd. & Anr vs Godaddy.Com. Llc & Ors on 28 May, 2024
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 921/2022 & I.A. 30602/2024
QUANTUM PAGE PVT. LTD. & ANR. ..... Plaintiffs
Through: Ms. Pallavi Singh, Ms. Meghna
Bhaskar, Advocates.
versus
GODADDY.COM. LLC & ORS. ..... Defendants
Through: Mr. Kirtiman Singh, CGSC.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 28.05.2024 I.A. 30602/2024 (Application has been filed under Order VIII Rule 10 of CPC)
1. This application has been filed under Order VIII Rule 10 of Code of Civil Procedure, 1908 ("CPC") by plaintiff seeking decree in their favour in the following circumstances.
2. The suit has been filed seeking injunction against infringement of plaintiff's copyright and trademark rights in the academic books published by them under the name and style of QUANTUM ("Quantum Books"). The infringement had taken place on various channels, initially on the 'Telegram' platform, various rogue websites, third party social media platforms such as 'YouTube' ("Infringing Social Media Content"). Vide order dated 23rd December, 2022, 3rd July, 2023 and 22nd November, 2023, this Court granted ex parte ad interim injunctions in favour of plaintiffs.
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 03/06/2024 at 21:18:33
3. The statement of counsel for 'Telegram' (original defendant no. 1) was recorded that the said infringement content had been taken down and they undertake to taken down any other content which may be notified to them in the future and they were accordingly deleted from the array of parties. The directions were also made to take down infringing social media content by the platform 'YouTube'. As regards infringing websites which were carrying content, were directed to be locked and suspended by the relevant Domain Name Registrars. Defendant nos. 4-5 (Department of Telecommunications and Ministry of Electronics and Information Technology) were also issued directions to block access to websites.
4. Later, on the basis of registrant details provided, the amended memo of parties was filed on 12th December, 2023 impleading the registrants of the additional websites of defendant nos.7 to 10.
5. The current array of parties are as under:
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 03/06/2024 at 21:18:33
6. Vide order dated 12th February, 2024, this Court allowed the application under Order VI Rule 17 of CPC for seeking leave to amend the plaint and take on record the amended plaint. Summons were issued to defendant nos. 7-10. Thirty-day period to file written statement has expired. None of the defendants have filed written statement as yet.
7. Counsel for plaintiff has handed up a copy of undertaking by defendant nos. 7, 8 and10, acknowledging that plaintiffs are the owners of copyright in 'Quantum Books' and undertake that they shall not display, publish, communicate in any manner plaintiff's 'Quantum Books' without express permission of plaintiff. The said undertaking will be placed on record by counsel for plaintiff within this week. As regards Studocu, an undertaking has already been placed on record.
8. As regards defendant nos.1-3, they have filed an affidavit of compliance of the previous order of this Court. Defendant nos. 4-5 have also complied with the orders of this Court, which has been duly recorded in the previous order of this Court.
9. Accordingly, decree is passed in the following terms:
A. Decree for permanent injunction restraining Defendant Nos. 7-10, their proprietors, partners, directors, dealers, affiliates, franchisees, officers, servants, agents, distributors, stockists, representative and anyone acting for or on their behalf, from reproducing, storing, publishing, distributing, selling, offering for sale, communicating to the public, and issuing copies of the Quantum Books in any manner or doing any other act amounting to infringement of the Plaintiff's 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 03/06/2024 at 21:18:33 copyright in the Quantum Books;
B. Decree for permanent injunction restraining Defendant Nos. 7-10, their proprietors, partners, directors, dealers, affiliates, franchisees, officers, servants, agents, distributors, stockists, representatives and anyone acting for or on their behalf, from using the Plaintiffs' trademarks QUANTUM PUBLICATIONS or or any mark/name deceptively similar thereto in any manner, amounting to infringement of the Plaintiffs' trademark; C. Decree for permanent injunction restraining Defendant Nos. 7-10 their proprietors, partners, directors, dealers, affiliates, franchiees, officers, servants, agents, distributors, stockists, representatives and anyone acting for or on their behalf, from using the Plaintiff's trademarks QUANTUM, QUANTUM PUBLICATIONS or or any mark/name deceptively similar thereto in any manner, or doing any other act amounting to passing off of the Defendant No. 7-10's product/business/services as those of the plaintiffs;
D. Decree direcitng Defendant Nos. 1 to 3, their partners, directors, officers, agents, representatives and anyone acting for or on their behalf to lock and suspend access to the domain names askbooks.net, 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 03/06/2024 at 21:18:34 motivationbank.in, aktutor.in, aktureference.com, megabyteproject.com and pdffile.co.in untill the expiry of their registration.
E. Decree directing Defendant Nos. 4 and 5 to issue directions to Internet Service Providers and their relevant licensees to block access to the domain names askbooks.net, motivationbank.in, aktutor.in, aktureference.com, megabyteproject.com and pdffile.co.in; and F. Decree permitting the Plaintiffs to approach the Learned Joint Registrar by way of an application under Order I Rule 10 accompanied by an affidavit with supporting evidence, seeking directions to Defendant Nos. 1 to 5 and any other relevant intermediaries to lock and suspend/ to direct ISPs to block access to new websites or mobile applications discovered after disposal of the present suit, which contain infringing content as identified in the present suit.
10. Decree sheet be drawn up accordingly.
11. Application is accordingly disposed of. Suit is disposed of with the aforesaid directions. Pending applications, if any, are rendered infructous.
12. Order be uplaoded on the website of this Court.
ANISH DAYAL, J MAY 28, 2024/RK 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 03/06/2024 at 21:18:34