In line with its stern approach towards rogue websites, which commit acts amounting to large scale piracy, the Delhi High Court has recently granted an ex parte dynamic plus injunction in favour of Universal Studios. The injunction was granted against some 28 defendants, who were hosting rogue websites. The injunction was granted against reproduction, distribution, communication to the public, etc., and piracy of the copyrighted content in the form of cinematographic films owned by Universal Studios. Some of these websites were also providing the facility of searching the copyrighted content based on genre, language, and quality.
Recognizing the fact that most rogue websites are quick to move to a mirror, alpha numeric version, or another form to continue making the infringing content available, the Court extended its injunction to future versions of the rogue websites based on the nature of hosting, identity, branding, content, and other related factors. The Court also extended the injunction to new rogue websites that may spring up in the future, which can be added by filing an application before the Registrar. Noting the continuing piracy with respect to the content of Universal City Studios, the Court stated that the injunction would be applicable for future works as well.
To facilitate the implementation of the injunction, the Court ordered the Internet Service Providers (ISPs) to block the rogue websites. It also asked the domain name registrars to block the domain names, and provide details of the owners of the domain names along with their contact details and credit card/KYC information.
Citation: UNIVERSAL CITY STUDIOS LLC & ORS vs FZKIDD.NET & ORS., High Court of Delhi, 07th February, 2024, CS(COMM) 117/2024
Disclaimer
The case note/s in this blog post have been written by IP Attorneys at BananaIP Counsels based on their review and understanding of the Judgments. It may be noted that other IP attorneys and experts in the field may have different opinions about the cases or arrive at different conclusions therefrom. It is advisable to read the Judgments before making any decisions based on the case notes.
If you have any questions, or if you wish to speak with an IP expert/attorney, please reach us at: [email protected] or 91-80-26860414/24/34.
