Copyright suit over cinematographic film Animal seeking injunctions against ISPs and cable operators was withdrawn by the plaintiff with an endorsement; court dismissed the suit as withdrawn, no costs, connected applications closed.
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C.S. (COMM.DIV.) No.292 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.02.2024
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.S. (COMM.DIV.) No.292 of 2023
Super Cassettes Industries Pvt. Ltd., New Link Road, Andheri (W), Mumbai – 400 053.
.. Plaintiff
/versus/
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21.AT&T Global Network Service India Pvt. Ltd., New Delhi - 110 001.
22.Southern Online Bio Technologies Limited, Hyderabad - 500 004.
23.Reliance Jio Infocomm Limited, Mumbai – 400 021. 24.Limras Eronet Broadband Services Private Limited, Chennai - 600 010. 25.RS Broadband Service India Private Limited, Chennai 600 010. 26.Spectra ISP Networks Pvt. Ltd., Gurgaon - 122 015. 27.Essel Shyam Communications Ltd., New Delhi - 110 019 India. 28.Five Network Solution (I) Ltd., Mumbai 400 022, India. 29.Atria Convergence Technologies Limited, Chennai - 600 017. 30.Action Lane, Chennai - 600 020. 31.Jak Communications Pvt. Ltd., Chennai - 600 102. 32.C32 Cable Net Pvt. Ltd., Chennai - 600 014. 33.Thamizhaga Cable TV Communication Pvt. Ltd., Chennai - 600 031. .. Defendants 3/6
C.S. (COMM.DIV.) No.292 of 2023
Prayer: Civil Suit has been filed under Order VII, Rule 1 of the Code of Civil Procedure, 1908 and Order IV Rule 1 of the Original Side Rules, 1956 read with Sections 51, 52, 55 & 62 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 defendants 1 to 29 from infringing the cinematographic film "Animal" and said work be directed to block all websites/web pages and future websites (including their prefix and suffix) and those Non-complaint websites mentioned in Schedule-A hosting contents that relate to plaintiff's copyright protected cinematographic film "Animal" in any manner, thereby restraining the unauthorised copying, transmission, communication or make available or display or release or show or upload or download or exhibit or play and/or in any manner communicate in and/or through their services immediate of receipt of details of such infringing websites/web pages in writing;
b)a permanent injunction restraining the defendants 30 -33 from infringing the cinematographic film "Animal" 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 copyrighted cinematographic film "Animal" by copying, recording, reproducing or allowing Cam cording or allowing others to transmit, communicate or make available or distributing or duplicating or displaying or releasing or
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showing or uploading or downloading exhibiting or playing and/or in any manner whatsoever from communicating the cinematographic film "Animal" and said work without a proper licence from the plaintiff or in any other manner which would violate/infringe the plaintiff's copyrighted cinematographic film "Animal" 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)for costs of the suit.
For Plaintiff : Mr.T.Pandiyan
J U D G M E N T
The learned counsel for the plaintiff seeks permission of this Court
to withdraw the suit. He has also made an endorsement to that effect in the Court bundle. Accordingly, the suit is dismissed as withdrawn. No costs. Consequently, connected applications are closed.
15.02.2024
rkm
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ABDUL QUDDHOSE, J.
rkm
C.S. (COMM.DIV.) No.292 of 2023
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1 provisions across 1 enactments
Super Cassettes Industries Pvt. Ltd.
Bharat Sanchar Nigam Limited
Mahanagar Telephone Nigam Ltd.
Bharti Airtel Limited
Hathway Cable & Datacom Limited
Tata Communication Limited
Abdul Quddhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
