Tag: Delhi High Court

  • Delhi HC orders X user to pay Rs 5 lakh to TV Today over defamatory posts

    Delhi HC orders X user to pay Rs 5 lakh to TV Today over defamatory posts

    MUMBAI: The Delhi High Court has directed X user Anurag Srivastava to pay Rs 5 lakh in damages to TV Today for defamatory posts on X targeting the channel and its journalist Rajdeep Sardesai. The posts were made in reaction to an interview with actor Rhea Chakraborty that aired in 2020.

    Justice Purushaindra Kumar Kaurav held that the posts were “highly defamatory” and had not been backed by evidence, despite the defendant being given enough opportunity to do so.

    “The Court finds that the objectionable tweets were highly defamatory and remain unsubstantiated by the defendant, despite having been afforded sufficient opportunity to do so. Such an irresponsible act of the defendant has to be deprecated.

    “Having considered the overall circumstances, this Court deems it just and proper to award Rs 5,00,000 as general compensatory damages to the plaintiff, to redress the reputational harm, emotional hardship, and loss of professional credibility caused by the conduct of the defendant,” the order read.

    The case was filed in 2020 by TV Today against Srivastava, who operated the handles @theanuragkts and @theanuragoffice on X (formerly Twitter).

    Soon after the interview went live, Srivastava posted derogatory comments about Sardesai, including calling him a “dalla,” (a derogatory Hindi term implying ‘pimp’), and comparing him to controversial preacher Zakir Naik. He also alleged that Chakraborty had bribed both Sardesai and the channel to secure the interview.

    TV Today told the court that these remarks were part of a “systematic attack” on the anchor and the network’s reputation. It added that the damage extended to its business as well, pointing out that annual income fell from Rs 899.57 crore in 2019–20 to Rs 819.92 crore in 2020–21.

    Srivastava later deleted the posts and assured the court that he would not repost them. Interim orders had already restrained him from uploading similar content.

    The High Court has now directed him to pay Rs 5 lakh to TV Today as compensation for reputational harm and loss of credibility.

  • Zeel secures landmark ‘Dynamic+’ John Doe order against digital piracy

    Zeel secures landmark ‘Dynamic+’ John Doe order against digital piracy

    MUMBAI: In a groundbreaking move to combat digital piracy, Zee Entertainment Enterprises Ltd. (Zeel) has secured a comprehensive Dynamic+ John Doe order from the Delhi high court. This landmark decision empowers Zeel to protect its vast content library, including movies, TV shows, and OTT offerings on ZEE5, by enabling swift action against rogue websites without repeated court interventions.

    Unlike traditional John Doe injunctions, this advanced framework allows Zeel to directly notify the department of telecommunications (DoT), ministry of electronics and information technology (MeitY), and internet service providers (ISPs) to block infringing websites immediately. The court’s directive ensures fast-tracked enforcement, enhancing Zeel’s ability to safeguard its intellectual property.

    Key Highlights of the Dynamic+ John Doe order:

    ●   Initial Blocking: The court has ordered the blocking of 103 rogue websites involved in unauthorized streaming of Zeel’s content library.

    ●   Dynamic Notification: Zeel can directly notify DoT, MeitY, and ISPs to block new infringing websites without additional court orders.

    ●   Broader Protection: The order extends beyond live sporting events, covering Zeel’s entire entertainment catalogue, ensuring a robust defense against piracy.

    This proactive approach represents a significant evolution in Indian copyright law, combining swift anti-piracy measures with procedural safeguards. By enabling Zeel to act dynamically, the order not only protects Zeel/Zee5’s diverse audience but also strengthens the broader digital content ecosystem.

    With Saikrishna & Associates as legal counsel, Zeel has set a new standard for digital copyright enforcement, reinforcing its leadership in the fight against piracy.

     

  • Delhi high court provides relief to Inox India in copyright registration appeal

    Delhi high court provides relief to Inox India in copyright registration appeal

    Mumbai: The Delhi high court provided relief to Inox India (INOX) by allowing an appeal challenging specific remarks included in the copyright registration certificate issued by the registrar of copyrights. Khaitan & Co represented Inox in this matter. The team included Smriti Yadav (partner), Nirupam Lodha (partner), Dhiren Karania (principal associate), Gautam Wadhwa (Senior Associate) and Vanshika Thapliyal (associate). Senior advocate Chander M. Lall appeared for Inox in this matter.

    The appeal addressed Inox’s contention that the registrar of copyrights had incorrectly imposed remarks on the certificate, including a statement that copyright in the work would cease if applied to an article more than 50 times. Inox argued that this restriction was inapplicable, as the artistic work in question, consisting of technical drawings, does not qualify for registration as a “design” under the Designs Act, 2000. Inox asserted that these remarks were unfounded and had been added without proper reasoning or rationale.

    During the proceedings before honorable justice Mini Pushkarna, the registrar of copyrights agreed to amend the registration certificate, committing to issue a corrected certificate without the contested remarks within four weeks. Additionally, the registrar’s counsel informed the court of ongoing updates to the website portal to prevent similar issues in the future.

    The court took note of these submissions and disposed of the appeal accordingly.

  • Delhi high court blocks 60 rogue sites for streaming Zee content

    Delhi high court blocks 60 rogue sites for streaming Zee content

    Mumbai: The Delhi high court granted interim relief to Zee Entertainment Enterprises Ltd, ordering the cessation of unauthorised streaming of its TV shows, movies, and other proprietary content on sixty rogue websites. Justice Mini Pushkarna directed domain registrars to suspend these sites and provide Zee with essential information, including contact details, IP addresses, and locations. Additionally, Internet Service Providers (ISPs) were instructed to block access to the infringing websites.

    Represented by advocate Sidharth Chopra, Zee noted extensive unauthorised streaming by defendants 1 through 60—rogue websites hosting popular shows such as Bastar – The Naxal Story, Kakuda, Rautu ka Raaz, and other original series without permission. These sites, operating anonymously, were reportedly profiting from unauthorised access to Zee’s intellectual property by featuring organised and regularly updated content. The suit names defendants 61 to 81 as domain registrars for suspension or blocking of the rogue websites, while defendant 82, Google LLC, is tasked with de-indexing these sites from search results. Defendants 83 to 91, representing Internet Service Providers, were added to restrict access to these websites. The Department of Telecommunications and the Ministry of Electronics and Information Technology, listed as defendants 92 and 93, respectively, were included to provide necessary notifications.

    He emphasised the impact on Zee Entertainment, noting that without intervention, ongoing piracy by defendants 1–60 could lead to irreparable harm given Zee’s investment in content production and distribution.

    The court further empowered Zee to report any additional websites found to be involved in unauthorised streaming during ongoing proceedings. In cases where a non-infringing site may be mistakenly blocked, the court assured that the site could seek rectification, provided it does not intend to breach Zee’s broadcast rights.

    Zee had initially sought a permanent injunction to prevent copyright violations and piracy by these sites, alleging that they profited from illegal streaming. Zee requested that the domain names be blocked or suspended, that registrars and ISPs disclose relevant information and that search engines like Google de-index these sites.

    After reviewing Zee’s arguments, the court found the media company had made a case for an injunction, concluding that Zee could suffer harm without this relief. Justice Pushkarna granted an ex parte interim injunction, and the case is set to continue on 7 March 2025.

  • Mudrex wins court order against fraudulent websites

    Mudrex wins court order against fraudulent websites

    Mumbai: Mudrex, a global crypto investment platform has secured an order in its favor against a network of fraudulent websites that have been illegally using Mudrex’s trademarks to deceive the public. The Delhi high court under Justice Mini Puskarna issued a directive on 23 August 2024 for the immediate takedown of 38 websites that were found to be exploiting Mudrex’s brand name to carry out scams and defraud innocent individuals.

    Mudrex received numerous complaints from the public, who reported being lured into investing substantial sums of money on these fraudulent platforms. These websites promised users various work opportunities, such as completing Google reviews, and offered monetary rewards upon task completion. However, these promises were part of a broader scam designed to extract money, and sensitive personal information, including Aadhar cards, PAN cards, bank statements, and property papers, from unsuspecting victims. Once these documents were obtained, the fraudsters ceased all communication, causing significant financial loss to these innocent individuals.

    After becoming aware, Mudrex has taken proactive steps to protect its community by issuing advisories across its official social media channels and via email to its registered users, warning them of potential scams and fraudulent activities.

    Moreover, Mudrex acted promptly by seeking an injunction to halt the fraudulent activities. The company’s legal team contended that the defendants had unlawfully exploited Mudrex’s trademarks, causing significant harm to innocent individuals by luring them into investing their hard-earned money through the misuse of Mudrex’s reputation and goodwill. Driven by a commitment to provide a safe and secure environment for its users, Mudrex approached the high court of Delhi to obtain the necessary relief and protect its community.

    The court, recognising the severity of the situation and believing in Mudrex’s earnest efforts, has directed the defendants to take down the infringing websites within 48 hours of the order. If the defendants fail to comply, the court has empowered other relevant parties to block access to these websites immediately.

    Commenting on this, Mudrex CEO & co-founder Edul Patel said, “We are committed to protecting our users and upholding the integrity of our brand. Most platforms in India face this issue, but we wanted to make sure it is addressed and solved for our users. Our focus remains on maintaining the trust of our users and reinforcing our commitment to a safe and reliable platform”.

    Mudrex stands out as one of the virtual asset service providers in India to actively pursue legal action to ensure consumer protection. By taking a strong stance against fraudulent activities and safeguarding its brand integrity, Mudrex underscores its commitment to protecting its users from scams and malicious schemes. This proactive approach not only highlights Mudrex’s leadership in the industry but also sets a precedent for other service providers in prioritizing the security and trust of their consumers.

  • Intellectual property storm surrounds Jindal Steel’s Cannes Lions 2024 triumph

    Intellectual property storm surrounds Jindal Steel’s Cannes Lions 2024 triumph

    Mumbai: Jindal Steel’s success at Cannes Lions 2024 has been overshadowed by controversy as allegations of idea theft cloud its achievements. India’s medal count reached 9 by Day 2 of the festival, including 1 Gold, 2 Silver, and 6 Bronze Lions. Notably, two Lions were awarded to Jindal Steel for its campaign ‘The Steel of India,’ recognized in the Film Craft category with a Silver and a Bronze Lion from Earlyman Film.

    Kondurkar Studios was credited with the campaign’s creative ideation, but the campaign’s origin came under scrutiny. Wieden + Kennedy India had initially developed the campaign titled ‘Steel of India,’ including its script, narrative flow, and montage video elements. They alleged copyright infringement and breach of service agreement when Jindal Steel launched a similar campaign in March 2024.

    The Delhi high court intervened, acknowledging Wieden + Kennedy India as the campaign’s creators and ruled that Jindal Steel’s version prima facie appeared to be based substantially on their original theme. An out-of-court settlement affirmed Wieden + Kennedy India’s rights, despite industry norms where copyright typically transfers to the client upon payment.

    Responding to these developments, Wieden + Kennedy India said, “While copyright legally transfers upon payment, the agency remains the ideal creator. The production house cannot unilaterally determine the origin of the idea once the court and client have decided.”

    This situation has cast a shadow over Jindal Steel’s Cannes Lions wins, highlighting ongoing debates within the advertising industry regarding intellectual property and creative ownership.

  • Viacom18 gets favorable order on pirated IPL streams

    Viacom18 gets favorable order on pirated IPL streams

    MUMBAI: Viacom18 Media is cracking the whip on illegal streaming of the IPL matches online. It recently received a dynamic+injunction  order from the Delhi high court in its favour restraining six  pirated web sites from showing the most prized cricket tournament globally.

    When a company or an individual receives a dynamic+injunction, it allows it to protect copyrighted work as soon as it is created ensuring no irreparable loss to the authors and owners of the copyrighted work.

    The reason the order was given is because any delays in blocking the rogue signals could lead to severe losses for Viacom18 considering the short duration of the IPL matches.  

    The court directed Viacom18 to communicate the details of crooked websites  to the DoT and MeitY on a real time basis so that they can issue blocking orders as well as to the ISPs so that actions can be taken immediately. It also ordered domain name registrars to lock and suspend the pirating websites and disclose their complete details.

    The bench observed that the current VUCA world of the internet, calls for robust and effective legal remedies with courts being proactive in updating, adapting, and modifying their directions to address  challenges that crop up effectively

  • Crackdown on fake water purifier filters on e-commerce sites

    Crackdown on fake water purifier filters on e-commerce sites

    Mumbai: The surge in online shopping has revolutionised the way consumers access products, offering convenience and a wide range of options. However, this convenience has come with its fair share of challenges, one of which is the proliferation of counterfeit or fake filters and consumables. The risk associated with these substandard products has escalated, particularly with the increasing presence of such items on popular e-commerce platforms. Recognising the severity of the issue, regulatory bodies have taken action to mitigate these risks, as seen in a recent directive by Delhi High order to remove over 500 fraudulent listings. This article delves into the concerning rise of fake filters and consumables, the growing threat to consumers, and the measures taken to address the issue.

    The escalating risk. Fake filters and consumables pose a significant risk to consumers due to their potential to compromise health, safety, and performance. As these items infiltrate e-commerce platforms, unsuspecting customers are at a higher risk of purchasing products that are subpar, ineffective, or even hazardous. This risk is magnified by the fact that discerning authenticity is often a challenge for consumers, who may lack the expertise or resources to differentiate between genuine and counterfeit items.

    The rapid rise of these fake products can be attributed to the widespread popularity of e-commerce platforms. These platforms provide an avenue for unscrupulous actors to exploit the trust consumers place in them, as they are perceived as reputable marketplaces. Consequently, counterfeiters capitalise on the anonymity and global reach provided by these platforms to promote and sell fake filters and consumables.

    The regulatory response. Recognising the gravity of the situation, judicial authorities have stepped in to address the issue head-on. A recent order from the hon’ble Delhi high court required leading  e-commerce players to remove more than 500 fraudulent listings of fake filters and consumables. This demonstrates a strong commitment to safeguarding consumers from potential harm and ensuring the integrity of the marketplace.

    This directive is a significant step towards curbing the menace of fake filters and consumables. By holding e-commerce giants accountable, the regulatory body aims to establish a safer shopping environment for consumers, bolster trust in e-commerce, and discourage counterfeiters from exploiting the platform.

    Ensuring consumer safety. In light of the regulatory intervention, consumers must also play an active role in safeguarding their own interests. To protect themselves from purchasing counterfeit items, consumers can adopt several strategies:

    – Research the seller. Prioritise purchases from reputable and authorized sellers. Check for seller reviews, ratings, and credibility indicators.

    – Check product details. Scrutinise product descriptions, images, and specifications. Be cautious of unusually low prices or deals that seem too good to be true.

    – Verify authenticity. If possible, check for authentication features provided by the manufacturer. Some products come with unique identifiers or holograms that help verify authenticity.

    – Report suspicious listings. If you encounter a suspicious or counterfeit listing, report it to the e-commerce platform and relevant authorities. This contributes to maintaining the integrity of the marketplace.

    – Read reviews. User reviews can provide insights into the authenticity and quality of a product. However, be cautious of fake reviews that may be part of the counterfeit operation. 

    Recently Eureka Forbes conducted nationwide raids against counterfeit water purifier dealers, service providers and manufacturers. Speaking on the directive by the hon’ble Delhi high court order to remove over 500 fraudulent listings, a spokesperson from Eureka Forbes said, “ Eureka Forbes has always been committed to ensuring the safety and well-being of our customers. We applaud and appreciate the directive by the Hon’ble Delhi High Court and hope the customers will check filters and consumables when purchasing products online and offline.” 

    The influx of fake filters and consumables on e-commerce platforms underscores the need for vigilant consumer behaviour and regulatory intervention. As regulatory and judicial authorities collaborate with major e-commerce players to eliminate fraudulent listings, consumers should also educate themselves on the red flags of counterfeit products and take necessary precautions. By working together, regulatory bodies, e-commerce platforms, and informed consumers can create an environment where counterfeiters are marginalised, and the safety and satisfaction of consumers take precedence.

  • Delhi HC stays TDSAT order asking broadcasters to provide OTT content information

    Delhi HC stays TDSAT order asking broadcasters to provide OTT content information

    Mumbai: The Delhi High Court has stayed Telecom Disputes Settlement and Appellate Tribunal (TDSAT) order and the proceedings until the next date of hearing. TDSAT issued an order last week requiring broadcasters to provide information on content available on over-the-top (OTT) platforms.

    In past legal processes, Trai has publicly indicated that it does not regulate OTT platforms or the content that is associated with them.

    “Prima facie, the court finds itself unable to sustain the order of 20 September by TDSAT,” said the order dated 28 September by Delhi HC.

    According to the High Court, the TDSAT was not authorised to make the ‘contested decision’ while the main dispute over whether it had the authority to issue the ‘contested direction’ was still being resolved.

    A source informes Indiantelevision.com that the court judge made oral remarks saying “what kind of order is this? Later he also said (in a lighter vein) there seem to be lofty principles in the order.”

    Broadcasters are allegedly breaking Clause 5.6 of the TV channel uplinking and downlinking guidelines by providing linear channel signals to OTT services, claimed Trai.  

    This clause requires broadcasters to make satellite TV signals available to registered cable operators, multi-system operators, direct-to-home players, and internet protocol TV service providers.

    As the clause reads, “The applicant company shall provide satellite TV channel signal reception decoders only to MSOs/cable operators registered under the Cable Television Networks (Regulation) Act 1995 or to a DTH operator registered under the DTH guidelines issued by the government of India or to an Internet Protocol Television (IPTV) service provider duly permitted under their existing telecom licence or authorised by the department of telecommunications or to a HITS operator duly permitted under the policy guidelines for HITS operators issued by the ministry of information and broadcasting to provide such service.”

    While OTT services are exempt from Trai oversight, broadcasters contend that Clause 5.6 has not been violated. They claim that both platforms controlled by broadcast networks and those owned by independent players are covered by this.

    Broadcasters including Sony, Star, and Sun TV had approached TDSAT to challenge Trai’s directive. The networks, on the other hand, had received no relief from the appellate tribunal, with TDSAT ordering them to provide the information to Trai within a week.

    The Court also questioned Trai’s authority to control OTT and make the requests for information that they did. In past legal proceedings, Trai has publicly indicated that it does not regulate OTT platforms or the content that is associated with them.

    When Trai requested certain broadcasters (such as Star India, Sony, and Sun TV) to submit detailed information on the content of TV channels that were available on OTT, the problem began.

    Dissatisfied broadcasters challenged Trai’s decision, which ordered the disclosure of information and architecture in TDSAT, among other things, by questioning Trai’s authority to request such information.

    Notably, the broadcasters asserted that Trai has always maintained in court proceedings that it does not regulate over-the-top (OTT) content.

    The TDSAT had previously provided broadcasters with ad-interim protection against Trai coercion. However, it later directed broadcasters to provide information, which resulted in the current petition before the Delhi High Court.

  • SPN obtains Delhi HC injunction order to protect copyright of India-England cricket series

    SPN obtains Delhi HC injunction order to protect copyright of India-England cricket series

    Mumbai: Sony Pictures Networks (SPN) has obtained a Dynamic John Doe injunction order from the Delhi high court to prevent copyright infringement for the India-England international cricket series in July. This will protect SPN against unauthorised and illegal IP disclosure on the internet and other social media platforms.

    As per the Dynamic John Doe order, certain multi-system operators (MSO), local cable operators (LCO) and websites/uniform resource locators (URLs) are prohibited from communicating and broadcasting to the public the cricketing series due to their indulgence in piracy and infringing SPN’s copyright in the broadcast and digital transmission rights for the cricketing series.

    The said order prohibits the websites/URLs in any manner, from hosting, streamlining, reproducing, distributing, making available to the public and/or communicating to the public or facilitating the same on their websites, through the internet in any manner whatsoever, any cinematograph work, content, programme or event in which SPN has copyright.

    The said order further prohibits MSOs and LCOs from in any manner hosting, streaming, reproducing, distributing, broadcasting, making available to the public and/or communicating to the public any unauthorised and unlicensed reproduction or broadcast on the local channels or through other means of various copyrighted content, including but not limited to the cricketing series through cable network.

    Further, in general, various internet service providers (ISPs) are directed to block access to the websites/URLs. If SPN discovers any other websites / MSOs/LCOs infringing its copyrights in respect of the cricketing series, it can approach the Delhi high court under this John Doe Order and seek requisite reliefs. In addition, a local commissioner has also been appointed to enforce the provisions of the said order against MSOs/LCOs indulging in piracy by unauthorizedly distributing or transmitting/communicating/redistributing the cricketing series without a valid license from SPN.

    SPN had acquired an exclusive license from the England and Wales Cricket Board Limited (ECB) to broadcast/communicate the India-England series to the public in India, Pakistan, Afghanistan, Sri Lanka, Nepal, Bangladesh, Bhutan, Myanmar and the Maldives in 2021.

    However, the series had to be stopped midway, after four test matches, owing to rising Covid cases. The current John Doe Order protects SPN’s copyright for the remainder of the cricketing series, starting July 2022, which comprises one test match, three T20 matches and three one-day international matches.