Delhi High Court: Jasmeet Singh, J., held that plaintiff made out a strong prima facie case and the balance of convenience also lies in its favour. Defendants agreed that they will take down the infringing contents with regard to the cinematograph film in a channel in accordance with law, as and when a request is received from the Plaintiff, in not later than 36 hours.
Petitioner filed the present suit against Telegram.
In the instant matter, plaintiff apprehended and believed that the defendants will unauthorizedly copy, disseminate, stream and made available for download on the internet, the cinematograph titled ‘MAADATHY’.
Further, the plaintiff submitted that the plaintiff had spent valuable consideration in obtaining the cinematographic rights of ‘MAADATHY’, and in case, the same is unauthorisedly made available for download on the internet, it will suffer irreparable loss and injury which cannot be compensated in terms of money.
Senior Counsel, Rajshekhar Rao appeared for defendant 1 and stated that defendant 1 will take down infringing contents with regard to cinematograph ‘MAADATHY’ in a channel in accordance with law, as and when a request is received from the plaintiff, not later than 36 hours informing the defendant No.1 in writing by the plaintiff with particulars about the same. The information by the plaintiff must specifically indicate that cinematograph ‘MAADATHY’ is being contained/shown on that particular channel/s.
Matter is to be listed on 21-09-2021. [Neestream Creations (P) Ltd. v. Telegram FZ LLC, 2021 SCC OnLine Del 3598, decided on 23-06-2021]
Advocates before the Court:
For plaintiff: Mr. Prince Jose, Mr. Justin George, Mr. Santosh Kumar Sahu, Advs.
For Defendants: Mr. Rajshekhar Rao, Sr. Adv. with Ms. Anushka Sharda, Mr. Madhav Khosla, Ms. Mansi Sood, Ms. Smriti Nair, Advs. for Def.-1