The Hon’ble Delhi High court granted an ad-interim injunction order in a commercial civil suit filed by the plaintiff named Jagran Prakashan Limited, a leading newspaper company publishing newspapers in Hindi called as “DAINIK JAGRAN” against the defendant Telegram FZ LLC a cloud based company which administers the application called “Telegram” where its users can share and exchange photos, videos, stickers, audio and files of any type .
The Plaintiff puts forth their contention by stating that they have absolute ownership rights over the trademark “DAINIK JAGRAN”, a Hindi newspaper which is circulated both in physical and digital media through e-papers. The plaintiff also confronts that only the subscribers of their website have access to download the e-paper in pdf format whereas the defendant’s application (Telegram) provides access through various channels to download e-paper of the plaintiff free of cost thus giving rise to an irreparable loss to the plaintiff. Even though the plaintiff had issued notice to the defendant on several occasions seeking to pull down or block the alleged channels, the defendant remained silent. Hence, the suit was filed seeking injunction against the defendants restraining from perpetrating copyright infringement.
The single judge of the Hon’ble Delhi High court taking into consideration the above contentions of the plaintiff observed that the plaintiff has made out a prima facie case in its favor and in case no ad-interim injunction is granted the plaintiff would suffer irreparable loss. Further, the Hon’ble Court inclined in favor of the plaintiff granting interim injunction to pull down all the channels of the defendant perpetrating copyright infringement by giving access to their users to download e-paper of the defendant free of cost.
Recently, the Supreme Court of India in Shashi Prakash Khemka V. NEPC Micon & Others, while determining the question as to whether an issue relating