Delhi High Court Issues Permanent Injunction Against Copyright Infringement Of 'Mirchi' And 'Radio Mirchi' Content
The Delhi High Court has issued a permanent injunction against unauthorized broadcasting and transmission of audio content owned by Entertainment Network (India) Limited, a radio broadcaster, which owns and operates FM radio stations across the country under the trademarks 'Mirchi', 'Radio Mirchi' and 'Sunday Suspense'.Entertainment Network (plaintiff), sought a permanent injunction...
The Delhi High Court has issued a permanent injunction against unauthorized broadcasting and transmission of audio content owned by Entertainment Network (India) Limited, a radio broadcaster, which owns and operates FM radio stations across the country under the trademarks 'Mirchi', 'Radio Mirchi' and 'Sunday Suspense'.
Entertainment Network (plaintiff), sought a permanent injunction against defendant nos. 1 to 25 for copyright infringement of its sound recordings and artistic works and the trademark infringement of it marks 'Mirchi', 'Radio Mirchi' and 'Sunday Suspense'.
Entertainment Network alleged that the defendants nos. 1 to 25 were rogue websites/apps engaged in unauthorized and illegal broadcasting, transmission and communication of its audio contents to the public. It alleged that the defendants' URLs use well known platforms operated by entities such as YouTube and Apple Distribution to broadcast their content.
On 22 December 2022, the Court had issued an interim injunction, where it had directed the intermediary platforms including YouTube (defendant nos. 26 to 30) to take down the infringing URLs.
A single judge Justice Mini Pushkarna noted that the intermediaries took down the infringing URLs as per its order.
The Court proceeded ex-parte with the case as the defendant nos. 1 to 25 did not file their written time within the prescribed time.
The Court invoked Order VIII Rule 10 CPC, which empowers the court to pronounce judgment against a party if no written statement has been filed by the party within the required time.
The Court was of the view that adducing of evidence by Entertainment Network was not necessary as the defendants failed to pursue the case.
“Considering the facts and circumstances of the present case, it is manifest that the case as put forward by the plaintiff stands established and there is no fact which needs to be proved by way of adducing evidence by the plaintiff.”
The Court thus ruled in favour of Entertainment Network and restrained the defendants from broadcasting/transmitting/communicating its copyrighted content on any webpage, app or intermediary platform. It also issued an injunction against the use of 'Mirchi', 'Radio Mirchi' and 'Sunday Suspense' trademarks.
Title: ENTERTAINMENT NETWORK (INDIA) LIMITED v. HTTPS//TUNEINCOM/PODCASTS/ARTS—CULTURE PODCASTS/ BANGLA-SUNDAY-SUSPENSE-P2082186 / AND ORS.
Citation: 2024 LiveLaw (Del) 1266
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