Star India Pvt. Ltd. & Anr v. Aapkeaajanese.Net & Ors

NAVIN CHAWLA, J. AUGUST 31, 2022/dj

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 24.08.2022 Date of decision: 31.08.2022 + CS(COMM) 510/2019 & IAs 12818/2019, 13317/2022 STAR INDIA PVT. LTD. & ANR. ..... Plaintiffs Through: Mr.Vivek Ayyagari, Adv. versus AAPKEAAJANESE.NET & ORS. ..... Defendants Through: Mr.Manish Mohan, Adv. for UOI. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA I.A. 13317/2022 1. This application has been filed by the Plaintiffs under Order XIIIA of the Code of Civil Procedure, 1908, as applicable to commercial disputes of specified value under the Commercial Courts Act, 2015, praying for a Summary Judgment in terms of prayers made in paragraph 61 of the plaint in favour of the plaintiffs and against the Defendants. 2. The Plaintiffs have filed the present suit seeking permanent injunction against infringement of copyright in their content; unfair competition; and commercial misappropriation of their exclusive rights enumerated under Section 14(d) of the Copyright Act, 1957 (hereinafter referred to as the "Act"). The prayers of the Plaintiffs as mentioned in paragraph number 61 of the Plaint are reproduced herein below: "61. In light of the foregoing, it is most respectfully prayed that this Hon'ble Court may be pleased to: i. Pass an order and decree of permanent injunction restraining the Defendants No. 1 to 67 (and such other websites / entities which are discovered during the course of the proceedings to have been engaging in infringing the Plaintiffs' exclusive rights and Copyrights), their owners, partners, proprietors, officers, servants, employees, and all others in capacity of principal or agent acting for and on their behalf, or anyone claiming through, by or under it, from in any manner communicating, hosting, streaming, and/or making available for viewing and downloading, without authorization, on their websites or other platforms, through the internet in any manner whatsoever, the Original Shows/Television Shows/Original Content and content related thereto, so as to infringe the Plaintiffs' exclusive rights and Copyrights, ii. Pass an order and decree directing the Defendant No. 68 and Defendant No. 69, its directors, partners, proprietors, officers, affiliates, servants, employees, and all others in capacity of principal or agent acting for and, on its behalf, or anyone claiming through, by or under it, to suspend the domain name registration of domain names of Defendants No. 1 to 17 by Defendant No. 68 GoDaddy and Defendants No. 18 to 19 by Defendant No. 69, PDR as already identified by the Plaintiffs in the instant suit in Memo of Parties or such other domain names that may subsequently be notified by the Plaintiffs to be of Rogue Websites which infringe its exclusive rights; iii. Pass an order and decree directing the Defendant Nos. 70 to 78, their directors, partners, proprietors, officers, affiliates, servants, employees, and all others in capacity of principal or agent acting for and on their behalf, or anyone claiming through, by or under it, to block access to the various websites identified by the Plaintiffs in the instant suit at S. No. 2 of the Documents or such other websites that may subsequently be notified by the Plaintiffs to be infringing of its exclusive rights, iv. Pass an order and decree directing the Defendant Nos. 79 and 80 to issue a notification calling upon the various internet and telecom service providers registered under it to block access to the various websites identified by the Plaintiffs in the instant suit at S. No. 2 of the Documents or such other websites that may subsequently be notified by the Plaintiffs to be infringing of its exclusive rights, v. An order for damages of Rs. 2,00,01,000/- to be paid by the Defendant Nos. 1 to 67 and such other websites / entities which are discovered during the course of the proceedings to have been engaging in infringing the Plaintiffs' exclusive rights, to the Plaintiffs on account of their illegal and infringing activities and a decree for the said am