The Delhi High Court has granted the permanent injunction to Star India Pvt. Ltd. against 700 rogue websites accused of illegally streaming cinematographic film ‘Bhuj: The Pride of India’.
The Plaintiffs are producers and owners of various television channels as also ‘Disney + Hotstar’ mobile application and OTT platform. The case of the Plaintiffs is that they are a leading production house and own exclusive copyrights in respect of a large number of cinematograph films as also other copyrighted content. The present suit relates to a cinematograph film titled “Bhuj: The Pride of India” which was set for release in 2021-22. It is a film related to the Indo-Pak war of 1971 and inspired from persons involved in the said war. The rights in the said cinematograph film are exclusively owned by the Plaintiffs.
The Plaintiffs had apprehensions that the Defendant rogue websites were likely to indulge in unlawful streaming of pirated copies of the said film which would have had adverse monetary impact on the Plaintiffs. The Plaintiffs filed the present suit seeking the reliefs against rogue websites as also the Domain Name Registrars (DNRs) of some of the domain names, ISPs and DoT & MeitY.
The Plaintiffs submits that the cinematograph film subject of the present suit has already been released on various online platforms and OTT platforms.
A single bench of Justice Pratibha M. Singh has held that the movie has already been released on various platforms including the OTT platforms and other online platforms. In view thereof, since the rights of the Plaintiffs are not in question, a permanent injunction is liable to be granted against all the rogue websites and the other domain names added by subsequent affidavits totalling 689 additional websites/ domain names.
Case: STAR INDIA PVT LTD & ANR. v/s MOVIESGHAR.ART & ORS
Citation: CS(COMM) 364/2021 and I.A. 9865/2021
Date Of Decision: 14th November, 2022