Delhi High Court restrains social networking sites from sharing e-papers

NEWS

By Pallavi Paul

Times Group owner Bennett Coleman Co. Ltd. filed an application seeking ex-parte injunction to restrain social networking sites, WhatsApp and Telegram among others from transmitting through any means the news published by them on their website.  The plaintiff contended that Times of India, is one of India’s most widely circulated newspaper and is rated six among world’s six best newspapers. It is pertinent to mention that the plaintiff holds valid and subsisting trademark registrations of several trademarks and have acquired high degree of distinctiveness 

NEWS

By Pallavi Paul

due to which their publications are considered of high repute. The news and articles published on the plaintiff’s newspapers as well as website constitute ‘the original literary work’ within the meaning of copyright and are thereby entitled to copyright protection within the scope of Section 14 of the Copyright Act. E-papers of the plaintiff’s print publication are also available on their website, which can be accessed by consumers on paying subscription fees of the same. The plaintiff became aware that their e-papers were being illegally circulated by users of online mobile application WhatsApp, as well as various other websites who were providing free download of their e-paper.

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NEWS

By Pallavi Paul

The plaintiff further stated that it was due to the permission granted by the defendants, various channels and groups were being created by known and unknown administrators where the e-newspapers of the plaintiff were being uploaded in PDF format on a daily basis. An interim injunction was granted by the Hon’ble Delhi High Court to the plaintiff stating they are the exclusive copyright owner of the said literary work in any form and any illegal circulation of the same violates the plaintiff’s right. The matter is listed for next hearing on 18.08.2021.

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