Take Down of Infringing Content from Telegram

DocTutorials Edutech Private Limited v. Telegram FZ-LLC & Ors.,

Decided by Delhi High Court, on 25th January, 2022.

A suit was filed by the Plaintiff against unknown Defendants No. 5 & 6 (referred to as John Doe), as well as any other persons associated with them, for releasing its the paid content  on a platform run by Defendants No. 1 & 2, i.e., Telegram.

The Plaintiff Company provided online content for medical entrance exam preparations, through their website and mobile applications, and was the sole licensee of the copyright over the preparatory content. The Plaintiff alleged that Defendants 5 & 6 hacked into their secure service and obtained the copyrighted material, and disbursed them on channels made on Defendant No. 1’s app, and Defendant No.2’s website. The Plaintiff further asserted that Defendants No. 1 & 2 did not take down the infringing content despite receipt of notices from the Plaintiff.

Defendants 1 & 2 asserted that they had taken all possible measures to take down the infringing content that appeared on their platforms, and that they would continue to do so when notified by the Plaintiff. The Court took into consideration the claims, and agreed that the Plaintiff had made a prima facie case, and that it would cause irreparable harm to the Plaintiff if the relief was not granted. The Court held that Defendants 5 & 6 were infringing Plaintiff’s copyright and restrained them using the copyrighted content on their platforms. The Court also ordered Defendants 1 & 2 to provide the Plaintiff with all the details that they had regarding Defendants 5 & 6. The Court concluded by stating that Defendants 1 and 2 shall remain bound by their statement that they would take down all the unauthorized content and block all channels which contain such infringing content, expeditiously.

Citation: DocTutorials Edutech Private Limited v. Telegram FZ-LLC & Ors., decided on January 25, 2022, available here, last visited on on January 28, 2022.

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Please note that these case updates have been put together from different sources, primary and secondary, and BananaIP’s reporters may not have verified all the decisions published in the bulletin. You may write to [email protected]  for corrections and take down.

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