Document Fragment View

Matching Fragments

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 24/09/2024 at 03:10:48 and consistently made available on majority of the defendants' websites.

27. The plaintiff today is asking for a dynamic injunction, which recently has also been considered in order dated 02.05.2023 in an 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.

28. Similarly, a learned Single Judge of this Court in Universal City Studios LLC. and Ors. vs. Dotmovies.baby and Ors. 2023:DHC:5842 has also recently, while considering similar issues, after noting the necessity and change, granted an ex parte ad interim injunction and held as under:-

"20. ... ... To keep pace with the dynamic nature of the infringement 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. ... ..."

29. For the afore-going reasons, especially as set out hereinabove as also the legal position qua grant of dynamic injunction in suits of the present nature, the plaintiff has been able to make out a prima facie case with the balance of convenience for grant of an ad interim ex-parte 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 24/09/2024 at 03:10:48 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 plaintiff suffering irreparable harm, loss, injury and prejudice which cannot be compensated for in terms of money.

d) Details of complaints received by the defendant nos.24-34 and 46 in the last six months against the defendant nos.1-23.

1.4. Defendant nos.44 and 45 are directed to issue a notification calling upon the various internet service providers registered under it to block access to the various websites, including those listed in Annexure A attached to this order within a period of four weeks. 1.5. Lastly, 'Dynamic+ injunction' is granted to the plaintiff 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 plaintiff is 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.