Delhi High Court Grants Injunction In Warner Bros. Copyright Infringement Suit Against Rogue Websites
Justice Navin Chawla of Delhi High Court in a copyright infringement suit filed by Warner Bros. granted an injunction against the Defendants, holding that Defendants 1 and 51 are rogue websites that had illegally broadcasted the Plaintiff's (Warner Bros.) content over their websites.
The American global entertainment company, Warner Bros had contended before the High Court that Defendants 1 and 51 allegedly by way of illegal and unauthorized distribution, broadcasting, rebroadcasting, and transmission had streamed the Plaintiff's content through their rogue websites thereby infringing upon their copyright in the original works produced by it that have been granted protection under the Copyright Act.
Further, it was argued that Defendants 1 and 51 have infringed the Plaintiff's copyright under the Copyright Act in the original content by streaming or hosting and/or facilitating the use of the rogue websites by downloading and streaming of the Plaintiff's original cinematographic film in which copyright vests.
The Court noted that the Defendants had no real prospect of successfully defending the claim of the copyright infringement and did not choose to contest the said claim.
Further, Bench placed reliance on UTV Software Communication Ltd. & Ors. v. 1337X.to & Ors., 2019 SCC OnLine Del 8002 for determining whether the websites are rogue websites and held that it was a fit case for passing a summary judgment invoking the provisions of Order XIIIA of CPC, as applicable to commercial disputes.
The Court further also held that there is sufficient evidence to hold that Defendants 1 and 51 websites are rogue websites.
Also, the Court held, "In UTV Software (supra), the Court also examined the issue of grant of dynamic injunctions and permitted subsequent impleadment of mirror/redirect/alphanumeric websites which provide access to the rogue websites, by filing an application under Order I Rule 10 of the CPC before the Joint Registrar (Judicial) alongwith an affidavit with supporting evidence, confirming that the proposed website is mirror/redirect/alphanumeric website of the injuncted defendant websites. At the request of the counsel for the plaintiff, the same directions are liable to be made in this case also."
Accordingly, the suit was decreed in favor of Warner Bros. and an injunction against the Defendants was granted.
