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Delhi HC Directs Telegram To Disable Channels Providing Allen Career Institute's Copyrighted Study Material/Lectures

Sparsh Upadhyay
24 Nov 2020 7:09 AM GMT
Delhi HC Directs Telegram To Disable Channels Providing Allen Career Institutes Copyrighted Study Material/Lectures
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The Delhi High Court on Wednesday (18th November) passed an ad interim order against Telegram Mobile Internet application (and defendant nos. 2 to 5), directing them to take down/disable the channels providing 'Allen Career Institute's copyrighted study material/lectures in breach of Plaintiff's copyright..A Single Judge bench of Justice Rajiv Shakdher provided Telegram, a list...

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The Delhi High Court on Wednesday (18th November) passed an ad interim order against Telegram Mobile Internet application (and defendant nos. 2 to 5), directing them to take down/disable the channels providing 'Allen Career Institute's copyrighted study material/lectures in breach of Plaintiff's copyright..

A Single Judge bench of Justice Rajiv Shakdher provided Telegram, a list containing names/links of 31 channels available on its platform, allegedly providing 'Allen Career Institute's copyrighted study material/lectures.

Case of Allen

The plaintiff, Allen Career Institute submitted before the Court that it is in the business of imparting coaching to the students for entrance exams such as IIT-JEE and NEET as also the students who aspire to get admission into AIIMS.

It was asserted by the plaintiff that it has been running the aforesaid business of coaching students for the past 32 years.

According to the plaintiff, defendant nos. 2 to 5 have been uploading its copyrighted study material/lectures on defendant no. 1's platform (Telegram).

The Counsel appearing on behalf of the plaintiff relied upon various documents to demonstrate the violation of the plaintiff's copyright which is embedded in the plaintiff's study material/lectures.

Court's Order

Having heard the Counsel for the Plaintiff and perusing the documents, the Court was of the view that, "at least at this stage, the plaintiff has established a prima facie case."

The Court remarked,

"The balance of convenience also appears to be in favour of the plaintiff given the fact that it has been in the business of coaching the students for the past 32 years."

The Court noted that "if the interim relief is not granted, the plaintiff's legal rights and business interests would stand impacted."

Accordingly, summons in the suit and notice was issued to the defendants via all means including e-mail.

In the meanwhile, defendant nos. 2 to 5, were restrained from uploading the study material/lectures in which the plaintiff has a copyright.

Besides this, defendant no. 1 (Telegram) was directed to take down/disable the Telegram channels/accounts providing Allen Career Institute's copyrighted study material/lectures in breach of its copyright.

The matter has been listed for further hearing on 02.02.2021.

It may be noted that the Delhi High Court in May 2020 had passed an ad interim ex parte order against Telegram Mobile Internet application, directing them to block within 48 hours the channels providing PDF versions of 'Dainik Jagran' newspaper in breach of its copyright and trademark.

A single judge bench of Justice Mukta Gupta also directed Telegram to disclose details of the infringing channel owners, noting that currently Telegram does not disclose details of owners/admins of such channels to the readers.

Case title - M/S Allen Career Institute v. Telegram FZ-LLC & ors. [CS(COMM)No.505/2020, I.A.Nos.10626-27/2020 & 10630/2020]

[Read Order]



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