Delhi High Court Issues Permanent Injunction Against Unauthorized Use Of Entertainment Network’s Content And Trademarks
Delhi High Court Issues Permanent Injunction Against Unauthorized Use of Entertainment Network’s Content and Trademarks
The Delhi High Court has issued a permanent injunction against unauthorized broadcasting and transmission of audio content owned by Entertainment Network (India) Limited, a leading radio broadcaster operating FM radio stations across the country under the trademarks 'Mirchi,' 'Radio Mirchi,' and 'Sunday Suspense.'
Entertainment Network, the plaintiff, sought the injunction against 25 defendants for copyright infringement of its sound recordings and artistic works, as well as trademark infringement of its marks 'Mirchi,' 'Radio Mirchi,' and 'Sunday Suspense.'
The plaintiff alleged that defendants nos. 1 to 25 were rogue websites and apps engaged in unauthorized and illegal broadcasting, transmission, and communication of its audio content to the public. It claimed these defendants used well-known platforms, including YouTube and Apple Distribution, to broadcast their content without authorization.
On December 22, 2022, the Court had issued an interim injunction directing intermediary platforms, including YouTube (defendants nos. 26 to 30), to remove the infringing URLs. The platforms complied with the Court’s directions and took down the content in question. Justice Mini Pushkarna proceeded ex parte as the defendants failed to file written statements within the prescribed timeframe. The Court invoked Order VIII Rule 10 of the Code of Civil Procedure (CPC), which allows judgment to be pronounced against a party that does not file a written statement within the required time.
Delhi High Court Issues Permanent Injunction Against Unauthorized Use of Entertainment Network’s Content and Trademarks
The Court concluded that no additional evidence was necessary from the plaintiff, given the defendants’ failure to defend the case. Justice Pushkarna remarked, “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 ruling restrained the defendants from broadcasting, transmitting, or communicating Entertainment Network’s copyrighted content on any webpage, app, or intermediary platform. Additionally, the Court issued an injunction against the unauthorized use of the 'Mirchi,' 'Radio Mirchi,' and 'Sunday Suspense' trademarks.
