Our Associate, Caroline Mathews discusses “Delhi High Court grants Disney dynamic injunction to block 118 rogue websites”
On July 27th, the Hon’ble Delhi High Court granted Disney Enterprises (“Disney”) a dynamic injunction against several web sites that were downstreaming Disney films and entertainment programs without licenses. Disney contended that these websites were blatantly infringing upon its copyrights. Additionally, Disney impleaded various Internet Service Providers (“ISPs”), the Department of Telecommunications (“DoT”) and the Ministry of Electronics and Information Technology (“MEITY”) as defendants in order to ensure that such websites are blocked.
The court held that such rogue websites were engaged in digital piracy and were causing irreparable damage to Disney’s commercial interest and statutory rights. The court restrained the rogue websites from hosting, streaming, reproducing, distributing any Disney-owned content and directed the ISPs, DoT and MEITY to block access to such rogue websites. Additionally, the court granted Disney the liberty to file any necessary applications to array other rogue websites discovered after the instant order, in order to ensure that Disney’s original content created was protected.
It is assuring to note that the Delhi High Court is taking a strict stand against rogue websites to actively tackle online piracy. In the last year, the Delhi High Court has granted several dynamic injunctions since UTV Software Communications, Disney’s subsidiary, obtained India’s first dynamic injunction against online piracy in April 2019. These orders provide proprietors of valuable intellectual property an effective remedy to avoid engaging in multiple proceedings and curb the growing menace of online piracy.
Citation: Disney Enterprises v. KimCartoon.to & Ors, CS(COMM) 275/2020, Order dated July 27, 2020
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