Delhi High Court: A suit was filed by Applause Entertainment Private Limited (plaintiff) seeking relief of permanent injunction, restraining the defendants from infringing the copyright of the plaintiff along with other ancillary reliefs. Amit Bansal, J., granted dynamic injunction against rogue websites and held that the defendants’ activities have caused irreparable harm to the plaintiffs, as these rogue websites not only violate and infringe the copyrights of the plaintiff in its series/show but also erode and dilute the value of the exclusive rights by taking away significant revenues from the plaintiff.
The plaintiff is a reputable media and entertainment company engaged in the production, acquisition, distribution, and monetization of audio-visual content, including web series and films. The plaintiff has produced several critically acclaimed series such as Scam 1992: The Harshad Mehta Story and Rudra: The Edge of Darkness. The dispute revolves around the plaintiff’s series UNDEKHI, a Hindi crime thriller, whose third season was released on SonyLIV on 10-05-2024, under a valid license agreement with Culver Max Entertainment Private Limited.
Following the release, the plaintiff discovered that the series had been illegally leaked on various websites, including www.9xmovies.com.tw and other similar rogue platforms. These websites facilitated unauthorized downloads and streaming of the series without any valid license, thereby infringing the plaintiff’s copyright. Despite issuing legal notices to the infringing websites, the plaintiff did not receive any response. Consequently, the plaintiff filed the present suit seeking permanent injunctions and ancillary reliefs against the defendants. Additionally, the plaintiff sought a dynamic injunction to block future mirror websites that may attempt to facilitate similar copyright infringement.
The plaintiff submitted that it is the rightful owner and author of the copyrighted series UNDEKHI under Sections 2(f), 2(d), and 17 of the Copyright Act, 1957. It argued that the defendants were rogue websites whose primary objective was to facilitate copyright infringement. The plaintiff contended that the defendants met the criteria for rogue websites due to their intentional and flagrant disregard for copyright laws, anonymity of operators, and non-responsiveness to takedown notices.
The plaintiff also sought a summary judgment under Order XIII-A of the CPC, arguing that there was no substantial question of law or fact to be tried, especially given the defendants’ non-appearance despite proper service. The plaintiff emphasized that rogue websites continued to operate by changing domain names, necessitating the need for a dynamic injunction.
The Court acknowledged the plaintiff’s established reputation and exclusive ownership of the series. The Court noted that the absence of written statements and non-appearance by the defendants implied an admission of the plaintiff’s claims. Placing reliance on Placing reliance on UTV Software Communications Ltd. v. 1337X.TO, 2019 SCC OnLine Del 8002, the Court highlighted factors for identifying rogue websites, including anonymity, non-compliance with takedown notices, and prior instances of blocking orders.
The Court recognized the continuous challenge posed by infringing websites using mirror domains and emphasized the necessity of dynamic injunctions. The Court further held that the plaintiff’s copyright had been blatantly violated, resulting in significant revenue loss and reputational damage.
The Court remarked that “the defendants are rogue websites that are actively and knowingly creating, developing, distributing and making available the plaintiff’s show/series on their websites with the common object of exploiting the copyright-protected works of the plaintiff. Despite being blocked previously by this court, the defendants have again emerged and registered new domain names, which are mirror / alphanumeric versions of the erstwhile websites that were directed to be blocked and taken down, to facilitate copyright infringement.”
Thus, the Court granted a summary judgment in favor of the plaintiff under Order XIII-A of the CPC and issued a permanent injunction restraining the defendants from hosting, streaming, or providing access to the plaintiff’s copyrighted series. It directed the Department of Telecommunications (DoT) and the Ministry of Electronics and Information Technology (MEITY) to ensure the blocking of infringing websites.
Additionally, a dynamic injunction was granted, empowering the plaintiff to approach the Court for blocking future mirror or redirect websites.
[Applause Entertainment Private Limited v www.9xMovies.com.tw, I.A. 7131/2025 In + CS(COMM) 418/2024, decided on 19-03-2025]
Advocates who appeared in this case :
Mr. Deepak Singhal and Mr. Gaurav Dhingra, Advocates for plaintiff