In the case of Star India Pvt Ltd. & Anr. v. Jacksteams.com & Ors, the High Court of Delhi grants an ex-parte ad-interim injunction to Star India Pvt.Ltd. The suit was filed for website blocking of alleged illegal and unlawful activities.
Facts of the Case
The Plaintiff (Star India Pvt.Ltd.) have acquired exclusive television, internet, mobile and mobile activation rights in respect of the Indian Premier League (IPL) Matches. The Plaintiff acquired these rights for transmitting, broadcasting and re-broadcasting the IPL Matches to the public including on digital platforms. The Plaintiff grieves that Jackstream.com (Defendant) are indulging in online piracy by posting, streaming and making the matches available for download. They are also providing access to the broadcast of present Dream11 IPL League 2020.
Arguments before the Court
The counsel for the plaintiff argued that the defendant websites are all rogue sites. They are registered and lie dormant only to become alive whenever there is a sporting event.
The counsel further submits that the website servers are located outside India. And it becomes active during the course of the match. The plaintiff argued that the exclusive broadcasting rights are bought for high considerations. Hence, the only avenue of monetizing these rights is to be able to broadcast such matches exclusively.
It was also pointed out by the Advocate for the plaintiff that these broadcasting rights have a limited shelf-life. Hence such an injunction was necessary to protect the interest of the plaintiffs.
In the light of the above arguments, the court was satisfied that a prima facie case was made out by the Plaintiff and that if no injunction was granted, the plaintiff was likely to suffer irreparable loss.
Hence, the single bench of Justice Mukta Gupta granted an ex-parte ad-interim injunction against the Jackstream.com and restrained them from illegal and unlawful activities of the Dream 11 Indian Premier League, 2020.
The court has also passed an order to block access to these websites within 72 hours of the receipt of the order of the court.
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