The plaintiff filed a suit for injunction restraining ISPs, MSOs, and individuals from infringing its media rights for 'Major League Cricket, 2023'. The court granted permission to withdraw the suit and dismissed it as withdrawn.
Suit dismissed as withdrawn. No costs awarded. Connected applications closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.S. (Comm. Div.) No.190 of 2023
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.11.2023
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.S. (Comm. Div.) No.190 of 2023 and
O.A. Nos.669, 670 and 671 of 2023
Viacom 18 Media Private Ltd., Rep. by its Power Agent, Mr.Krishma Shah .... Plaintiff
vs
1. Bharat Sanchar Nigam Limited, Bharat Sanchar Bhavan, Harish Chandra Mathur Lane, Janpath, New Delhi-110 001.
2. Mahanagar Telephone Nigam Ltd 5th Floor, Mahanagar Door Sanchar Sadan,
9, CGO Complex, Lodhi Road, New Delhi 110 003.
3. Bharti Airtel Limited Bharti Crescent, 1, Nelson Mandela Road Vasant Kunj, Phase II, New Delhi – 110 070.
4.Tata Communication Limited Vsb, Mahatma Gandhi Road Fort Mumbai, Maharashtra 400 001.
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C.S. (Comm. Div.) No.190 of 2023
5. Vodafone India Limited, Suman Tower, Plot No. 18, Sector-11, Gandhinagar, Gujarat 382 011.
6. Idea Cellular Limited, Suman Tower, Plot No.18, Sector 11, Gandhinagar, Gujarat - 382 011.
7. Tata Teleservices Ltd, 10th Floor, Tower I, Jeevan Bharati, 124 Connaught Circus New Delhi 110 001.
8. Tikona Digital Networks Private Limited, Office 3A, 3rd Floor, LBS Marg, Bhandup(West), Mumbai- 400 078.
9. You Broadband & Cable India Limited, Plot No 54, Marol Industrial Cooperative Area, Off. Andheri Kurla Road, Andheri (East), Mumbai 400 059.
10. Sify Technologies Limited, 2nd Floor, 'TIDEL PARK' No.4, Canal Bank Road, Chennai - 600 113.
11. Siti Broadband Services Pvt. Ltd B-10, Lawrence Road, Industrial Area, New Delhi North West DL 110035 IN
12. Asianet Satellite Communications, 2A, Il floor, Leela Infopark, Technopark Limited, Kazhakkoottam, Thiruvananthapuram, Kerala-695 581.
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C.S. (Comm. Div.) No.190 of 2023
13. Data Infosys Limited, Station Road, Durgapura, Jaipur 302 018.
14. Readylink internet Services Limited, Galaxy, Plot No.7, Sakhthi Colony, RK Puram, Ganpathy, Coimbatore 641 006.
15. Opto Network Private Ltd. B-86, Sector – 14, Noida – 201 301 Uttar Pradesh, India.
16. Nettlinx Limited, 5-9-22, 3 rd floor, My Home Sarovar Plaza, Secretariat Road, Saifabad, Hyderabad-500 004.
17. City Online Services Limited, 701, 7th Floor, Aditya Trade Center, Ameerpet, Hyderabad-500 038.
18. Pioneer e-Labs Limited, Pioneer Towers, 17 th Floor, Plot No. 16, Survey No.64, Software Unit Layout, APIIk, i-Tech City, Madhapur, Hyderabad : 500080.
19. AT&T Global Network Service India Pvt. Ltd., 13th floor,1305-06, Mohan Dev House, 13, Tolstoy Marg, New Delhi – 110 001.
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C.S. (Comm. Div.) No.190 of 2023
20. Nextgen Communications Ltd., Thatchil Complex, No.10, 3 rd Floor, Raja Annamalai Road, Saibaba Mission Post, Coimbatore – 641 011, Tamilnadu, India.
21. Southern Online Bio Technologies Ltd., Flat No.A3, 3 rd Floor, Office Block, Samrat Complex, Saifabad, Hyderabad – 500 004.
22. LimrasEronet Broadband Services Private Limited, Doshi Towers, First Floor #156, Poonamalle High Road, Kilpauk, Chennai-600 010.
23. RS Broband Service India Private Limited, Doshi Towers, First Floor, Old 156, New #205, Poonamalle High Road, Kilpauk, Chennai 600010.
24. Spectra ISP Networks Pvt. Ltd. Plot No. 21-22, 3 rd Floor Udyog Vihar, Phase IV, Gurgaon-122 015. 25. EsselShyam Communications Ltd. 1121, Hemkunt Chambers, 11 th Floor, 89, Nehru Place, New Delhi-110019 India
26. Five Network Solution (I) Ltd. 22/2, Plot No 275-B Gurunanak School Compond, Sion (West), Mumbai 400022, India.
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C.S. (Comm. Div.) No.190 of 2023
27. Action Lane No 16, No 1A Kalpana Apartments, 1st Street, Above Padmanaba Nagar Electricity Board Adyar, Chennai-600020
28. Sudarshi Cable Network 107, Alok Nagar, Adhartaal, Jabalpur, Madhya Pradesh – 482 002. 29. 4K Digital Communication Private Ltd. 6/35, Athipattan Street, Dr. Ambedkar Nagar, Arakkonam, Vellore, Tamil Nadu – 631 001. 30. Sri Ganesh Digital Network 1-2/90D, Sankarakovilroad, Thenmalai Sivagiri, Tirunelveli, Tamil Nadu – 627 757.
31. Ashok Kumar, 32. Ashok Kumar 33. Ashok Kumar ... Defendants
Prayer : PLAINT FILED UNDER ORDER VII RULE I OF CIVIL PROCEDURE CODE, 1908 AND ORDER IV RULE 1 OF O.S. RULES, 1956 READ WITH SECTIONS 51, 55, 62 and 63 OF THE COPYRIGHT ACT, 1957 AND THE COPYRIGHT (AMENDMENT) ACT, 2012 AND SECTION 7 OF THE COMMERCIAL COURTS, ACT 2015 to grant a judgment and decree on the following terms :
a) A Permanent injunction restraining the Internet Service Providers being Defendants 1 to 26 from infringing the Plaintiff's licensed Media Rights /copyright protected Event titled, “Major League Cricket, 2023” 5/8
C.S. (Comm. Div.) No.190 of 2023
and all websites/web pages and future websites (including their prefix and suffix) and those rogue websites mentioned in Schedule-A including alpha numeric/mirror websites hosting contents that infringes the Plaintiff's licensed Media Rights/copyright protected Event titled, “Major League Cricket, 2023” in any manner, thereby restraining the unauthorised streaming / broadcasting / hosting /copying / downloading / playing / exhibiting / telecasting / transmitting / re-transmitting / communicating to public / making available any “Major League Cricket, 2023” games, footage, clip, audio-video, audio only copying, uploading, downloading, exhibiting or playing and / or in any manner communicating in and / or through their digital and or any other services;
b) A permanent injunction restraining the Multi Service Operators /Cable TV Operators being Defendants 27 to 30 from infringing the Plaintiff's licensed Media Rights /copyright protected Event titled, “Major League Cricket 2023” by themselves, their partners/ proprietor / directors, heirs, representatives, successors in business, assigns, distributors, agents, servants or anyone claiming through them or under them from infringing the Plaintiff's licensed rights /copyrighted event “Major League Cricket, 2023” by copying, recording, reproducing or allowing cam-cording or allowing others for transmitting, communicating or making available any games, footage, clip, audio-video, audio only, copying, uploading, making available or distributing or duplicating or displaying or showing or uploading or downloading or exhibiting or playing and /or in any manner whatsoever from communicating the event “Major League Cricket, 2023” without a proper license from the plaintiff or in any other manner which would violate / infringe the plaintiff's licensed rights /copyrighted event “Major League Cricket, 2023” through different mediums including but not limited to CD, DVD, Blu-ray disc, VCD, cable TV, Direct to home services, internet services, multimedia messaging services, pen drives, hard drives, tapes, DAS satellite, Conditional Access Systems or in any other medium / manner whatsoever;
c) A permanent injunction restraining the Defendant Nos.31 to 33, restraining them from infringing the licensed Media Rights /Copyright of the plaintiff in the event titled, “Major League Cricket, 2023” by themselves, their partners / proprietor / directors, heirs, representatives, successors in business, assigns, distributors, agents, servants or anyone claiming through them or under them, in any manner whatsoever, without
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C.S. (Comm. Div.) No.190 of 2023
a proper license from the plaintiff and
d) for costs of the suit.
For Plaintiff : Mr.A.M. Venkatakrishnan
JUDGEMENT
The learned counsel for the plaintiff seeks permission of this Court to withdraw this suit. He has made an endorsement to that effect in the Court bundle. Accordingly, the suit is dismissed as withdrawn. No costs. Consequently, connected applications are closed.
02.11.2023
Index: Yes/ No Speaking order / Non speaking order Neutral citation : Yes / No vsi2
ABDUL QUDDHOSE, J.
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C.S. (Comm. Div.) No.190 of 2023
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C.S. (Comm. Div.) No.190 of 2023 and O.A. Nos.669, 670 and 671 of 2023
02.11.2023
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3 provisions across 3 enactments
Viacom 18 Media Private Ltd.
Bharat Sanchar Nigam Limited
Mahanagar Telephone Nigam Ltd
Bharti Airtel Limited
Tata Communication Limited
Vodafone India Limited
Abdul Qudhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
