Delhi High Court – Orders
Culver Max Entertainment Private … vs Vipbox.Lc & Ors on 30 May, 2025
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 572/2025
CULVER MAX ENTERTAINMENT PRIVATE LIMITED
.....Plaintiff
Through: Counsel (appearance not given)
versus
VIPBOX.LC & ORS. .....Defendants
Through: None
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 30.05.2025
I.A. 14219/2025 (Exemption from pre-litigation mediation)
1. Vide the present application under Section 12A of the Commercial
Courts Act, 2015, read with Section 151 of the Code of Civil Procedure,
1908 (CPC), the plaintiff seeks exemption from pre-litigation mediation.
2. Considering the averments made in the present application, as also
since the plaintiff is seeking ex parte ad interim injunction in an
accompanying application, and in view of the judgment passed by the
Hon’ble Supreme Court in Yamini Manohar v. T.K.D. Krithi 2024 (5)
SCC 815, which has been followed by a Division Bench this Court in
Chandra Kishore Chaurasia v. R. A. Perfumery Works Private Limited
2022:DHC:4454-DB, the plaintiff is exempted from instituting pre-
litigation mediation.
3. Accordingly, the present application stands disposed of.
CS(COMM) 572/2025 Page 1 of 16
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I.A. 14218/2025 (Additional Document)
4. Vide the present application under Order XI Rule 1(4) read with
Section 151 of the CPC, the plaintiff seeks leave of this Court to file
additional documents.
5. The plaintiff will be at liberty to file additional documents at a later
stage, albeit, after initiating appropriate steps, strictly as per the provisions
of the Commercial Courts Act, 2015 read with Section 151 of the CPC and
the Delhi High Court (Original Side) Rules, 2018.
6. Accordingly, the present application stands disposed of.
I.A. 14220/2025 (Exemption from serving notice to defendants)
7. Vide the present application under Section 151 of the CPC, the
plaintiff seeks exemption from advance service upon the defendant nos.28,
31, 36 and 37.
8. Vide the present application filed under Section 80, read with
Section 151 of the CPC, the plaintiff seeks exemption from the
requirement of advance service upon the defendant nos.28 and 31, namely
Bharat Sanchar Nigam Ltd. (‘BSNL’) and Mahanagar Telephone Nigam
Ltd. (‘MTNL’) respectively and defendant nos.36 and 37, namely
Department of Telecommunications (‘DoT’) and Ministry of Electronics
and Information Technology (‘MEITY’) respectively, on the ground that
no formal remedy/ relief as prescribed under the Copyright Act, 1957
(‘Act of 1957’), is being claimed against them, as also since they are only
being arrayed to ensure compliance with any orders that may be passed by
this Court.
9. For the reasons stated in the present application, as also taking into
account the aforesaid factors, and since it would be in the interest of
CS(COMM) 572/2025 Page 2 of 16
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justice, the plaintiff is granted exemption from effecting advance service
upon the aforesaid defendant nos.28, 31, 36 and 37.
10. Accordingly, the present application stands disposed of.
CS(COMM) 572/2025
11. The plaintiff, by way of the present plaint, seeks permanent
injunction, rendition of account, damages for infringement of copyright
and broadcast reproduction rights, under the Act of 1957, as also
appropriate directions to the arrayed authorities.
12. Let the plaint be registered as a suit.
13. Upon filing of the process fee, issue summons of the suit to the
defendants through all permissible modes returnable before the learned
Joint Registrar on 02.09.2025.
14. The summons shall state that the written statement(s) be filed by the
defendants within a period of thirty days from the date of the receipt of the
summons. Written statement(s) be filed by the defendants along with
affidavit of admission/ denial of documents of the plaintiff, without which
the written statement(s) shall not be taken on record.
15. Replication(s) thereto, if any, be filed by the plaintiff within a
period of fifteen days from the date of receipt of written statement(s). The
said replication(s), if any, shall be accompanied by with affidavit of
admission/ denial of documents filed by the defendants, without which the
replication(s) shall not be taken on record within the aforesaid period of
fifteen days.
16. If any of the parties wish to seek inspection of any document(s), the
same shall be sought and given within the requisite timelines.
17. List before the learned Joint Registrar for marking exhibits of
CS(COMM) 572/2025 Page 3 of 16
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documents on 02.09.2025. It is made clear that if any party unjustifiably
denies any document(s), then it would be liable to be burdened with costs.
I.A. 14179/2025 (Stay)
18. At the very outset, learned counsel for the plaintiff fairly submits
that he does not wish to press for any relief(s) against the defendant no.24.
Be that as it may, the present application under Order XXXIX, Rules 1 and
2 of the CPC has been filed by the plaintiff seeking the following reliefs:
i. Pass an order granting interim injunction restraining the
Defendant Nos. 1 to 10 and such other rogue mirror/
redirect/alphanumeric versions of the impleaded websites/
applications and other new websites/ applications which are
discovered during the course of the proceedings, their owners,
partners, proprietors, officers, servants, agents and representatives,
franchisees, head-ends and all others in capacity of principal or
agent, acting for and on their behalf from in any manner
communicating to the public, hosting, storing, reproducing, streaming,
broadcasting, rebroadcasting, causing to be seen or heard by public,
making available for viewing and/ or communicating to the public, or
facilitating the same on their websites/ applications, through internet
in any manner whatsoever, the said Sporting Events, amounting to
infringement of Plaintiff’s said Rights in the said Sporting Events;
ii. Pass an order directing the Defendant Nos. 11 to 26 and other
DNRs, their directors, partners, proprietors, officers, affiliates,
servants, employees and all others in capacity of principal or agent
acting for and on their behalf, or anyone claiming through, by or
under them, to block and suspend the Defendant No. 1 to 10 Websites
and such other rogue mirror/redirect/alphanumeric versions of the
impleaded websites/ applications and other new websites/
applications along with their subdomains and subdirectories, which
are discovered during the course of the proceedings to have been
engaging in infringing the Plaintiffs’ exclusive rights in the said
Sporting Events, withing 72 hours of being communicated with a copy
of order passed by this Hon’ble Court;
iii. Pass an order directing the Defendant Nos. 11 to 26 and other
DNRs, their directors, partners, proprietors, officers, affiliates,
servants, employees and all others in capacity of principal or agent
acting for and, on their behalf, or anyone claiming through, by or
under them, to disclose the contact details and other details such asCS(COMM) 572/2025 Page 4 of 16
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KYC, credit card, mode of payment, mobile number, etc. about the
owners of the Defendant Nos. 1-10 and such other rogue
mirror/redirect/alphanumeric versions of the impleaded websites/
applications and other new websites/ applications along with their
subdomains and subdirectories, which are discovered during the
course of the proceedings to have been engaging in infringing the
Plaintiffs’ exclusive rights in the said Sporting Events, withing 72
hours of being communicated with a copy of order passed by this
Hon’ble Court;
iv. Pass an order directing the Defendant Nos. 27 to 35 (ISPs), to
immediately block access to the Defendant Nos. 1 to 10 websites and
such other rogue mirror/redirect/alphanumeric versions of the
impleaded websites/ applications and other new websites/
applications along with their subdomains and subdirectories, which
are discovered during the course of the proceedings to have been
engaging in infringing the Plaintiffs’ exclusive rights in the said
Sporting Events;
v. Pass an order directing the Defendant Nos. 36 and 37 (DoT and
MeitY) to issue a notification calling upon the various internet and
telecom service providers registered under it to block access to the
various domain names identified by the Plaintiff in the instant suit
Defendant No. 1 to 10 websites and such other rogue
mirror/redirect/alphanumeric versions of the impleaded websites/
applications and other new websites/ applications along with their
subdomains and subdirectories, which are discovered during the
course of the proceedings to have been engaging in infringing the
Plaintiffs’ exclusive rights in the said Sporting Events, immediately
and latest within 72 hours of being communicated with a copy of
order passed by this Hon’ble Court;
vi. Pass an order granting a ‘Dynamic+ injunction’ to protect
Plaintiff’s exclusive rights in the said Sporting Events as soon as they
are infringed/ created, by granting liberty to the Plaintiff to
communicate the details of other rogue mirror/redirect/alphanumeric
versions of the impleaded websites/ applications and other new
websites/ applications along with their subdomains and
subdirectories, which are discovered during the currency of the said
Sporting Events, to have been engaging in infringing the Plaintiffs’
exclusive rights in the said Sporting Events, to their concerned DNRs
as well as to the Defendant Nos. 27 to 35 (“ISPs”) for blocking the
said websites on real time basis and directing the Defendant Nos. 36
to 37 to ensure compliance with the said directions of blocking to the
ISPs. The Plaintiff may be granted liberty to file an appropriate
CS(COMM) 572/2025 Page 5 of 16
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affidavit/ application under Order 1 Rule 10 of the Code of Civil
Procedure, 1908 supported by necessary affidavit and evidence of
infringement in order to ensure that this Hon’ble Court is informed of
the Defendants’ websites after communicating the details of the
infringing websites to the concerned DNRs, ISPs, DoT and MietY, and
this Hon’ble Court may pass similar orders in terms of prayer (I) to
(V) above against such newly impleaded websites;
vi. Pass an order granting ad-interim injunction and other
directions in respect of the aforesaid prayers (I) to (VI).
19. As per pleading, the plaintiff/ Culver Max Entertainment Private
Limited (formerly known as ‘Sony Pictures Networks India Pvt. Ltd.’) is a
company incorporated under the Companies Act, 1956, and has its
registered office at 4th Floor, Interface Building No. 7, Off Malad Link
Road, Malad (West), Mumbai-400 064.
20. The Plaintiff inter alia, owns and operates the “SONY TEN
Network” of channels which, inter alia, includes SONY TEN 1 SD,
SONY TEN 1 HD, SONY TEN 2 SD, SONY TEN 2 HD, SONY TEN 3
SD, SONY TEN 3 HD, SONY TEN 4, SONY TEN 4 HD, SONY SIX
SD, SONY SIX HD. The plaintiff also runs the OTT platform ‘Sony LIV’,
which showcases content ranging from short films, original web-series,
films and live sports besides showcasing archival content.
21. The plaintiff has acquired several rights including digital media
rights and exclusive license to broadcast/ communicate/ exhibit to the
public the Sporting Events in the specified territories for specified period
of time, from various Sporting Federations/ Associations around the world
having ownership over the digital media and broadcasting rights of the
above-mentioned said Sporting Events. The particulars of agreements
entered into by the plaintiff in relation to the said Sporting Events are
enumerated in paragraph 7 of the present application.
CS(COMM) 572/2025 Page 6 of 16
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22. In light of the above, the plaintiff, being a right holder of “original
works” as envisaged under Section 37 of the Copyright Act of 1957, is
entitled to the protection available therein.
23. The cause of action first arose in and around May 2025, when the
plaintiff came across “rogue websites” of defendant nos.1 to 10
unlawfully streaming sporting events. Moreover, the cause of action is a
continuous one as, seeing the precedent of illegal activity and also that
their very business model appears to be illegally streaming content in
which third-parties have exclusive rights, the plaintiff has full conviction
that the said “rogue websites” will once again indulge in illegal streaming
of the upcoming sports tournament, the details of which are tabulated in
Annexure A and apprehends that irreparable harm will be caused to the
plaintiff if it is not granted an ex parte ad interim injunction against the
said “rogue websites” and their aids at the earliest.
24. Defendant nos.11 to 26 being Domain Name Registrars (DNRs)
with respect to the said “rogue websites” are entities which are engaged in
the business of registering and hosting domain names. The plaintiff has
arrayed these DNRs to ensure effective implementation of any reliefs that
may be granted, including suspension of domain names and disclosure of
information of registrants of the “rogue websites”. For ease of reference,
the list of such “rogue websites” and respective DNRs are enumerated in
Annexure B.
25. Since defendant nos.27 to 35 are Internet Service Providers (ISPs)
and, hence are instrumental in the functioning of the said “rogue
websites”, being responsible for provision of internet services across India,
they have been arrayed as such. The said defendants have a responsibility
CS(COMM) 572/2025 Page 7 of 16
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to ensure that no violation of third-party intellectual property rights takes
place through their networks. The DoT and the MEITY have also been
arrayed as defendant nos.36 and 37 respectively, for the purposes of
assistance and ensuring compliance with any orders that may be passed by
this Court.
26. John Doe has also been arrayed as defendant no.38 in the form of a
generic identity, to safeguard the plaintiff’s against infringement by any
unidentified or “rogue websites” that may be discovered at a later stage, or
that may emerge suddenly even during the live telecast of the India Tour
of England 2025 matches, with the intent to unlawfully make available the
plaintiff’s content.
27. It is submitted that in cases of live sporting events, the modus
operandi followed by these “rogue websites” is that they activates new
domains/ websites and URLs just minutes before a match and later
deactivate them as soon as it ends. Considering this, if the blocking of the
domains does not occur within minutes of notification, the exclusive rights
of the plaintiff as also their remedies get diluted, eroded, and effectively
rendered redundant.
28. In effect, the plaintiff is seeking a ‘dynamic+’ injunction, a form of
injunctive relief which is being granted by Court(s) in similar matters in
the recent years, primarily with a view to protect parties like the plaintiff
herein against rapidly developing online infringement platforms. For
instance, the Bombay High Court, in a case bearing no. I. A. (Lodging)
10257/2023 entitled Applause Entertainment Private Limited v. Meta
Platforms Inc. & Ors., which was a case involving audio-visual extracts
of certain “web-series” being streamed illegally on multiple platforms,
CS(COMM) 572/2025 Page 8 of 16
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granted real time relief in the form of a ‘dynamic+’ injunction to the
plaintiff therein. Similarly, a Coordinate Bench of this Court in Universal
City Studios LLC v. Dotmovies.baby 2023:DHC:5842 has, also while
granting such a ‘dynamic+’ injunction, observed that any injunction
granted by this Court ought to be effective in nature.
29. Therefore, the position of law apparent therefrom, which has since
developed with the passage of time, clearly reflects that the rights of a
plaintiff, who is an intellectual property right holder, cannot be rendered
otiose in this world of rapidly developing technology and for that,
enforcement of intellectual property rights on any social platform,
including but not limited to, the internet as well alongwith the real world,
ought to be visible and effective.
30. The upcoming technology and the technological advances
association therewith, have their own implication(s) and/ or
ramification(s), which are not only reachable far and wide, but are also
unpredictable. With the immense degree of freedom enjoyed by
developers and innovators globally today, all and sundry, especially those
intellectual property right holders like the plaintiff herein, are prone to/
may be exposed and/ or vulnerable to the actions of the “rogue websites”
herein, more so, if such right holders like the plaintiff herein, are not
accorded proper protection from them. On one hand, though such
intellectual property right holders like the plaintiff herein, can proceed in
the normal manner, however, on the other hand, without any proper
channelization, their intellectual property rights are prone to get effected
by such “rogue websites”, who have no right, title and/ or interest therein.
This would lead them and their facilitators to freely and blatantly exploitCS(COMM) 572/2025 Page 9 of 16
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the rights of the right holders like the plaintiff herein, causing irreparable
loss, damage and injury to them as also leaving them struggling on the
fence exposed dangerous edge of technology.
31. This so-called dangerous edge has become even sharper with the
fast-paced evolution of certain “hydra-headed” websites, which, even if
blocked/ deleted, have the incredulous potential to resurface in multitudes
as alphanumeric or mirror websites, with only minor, mechanical changes
within seconds. Such “hydra-headed” websites, under the garb of privacy,
are able to mask their registration/ contact details perfectly, making it
virtually impossible to locate and contact their operators to, if necessary,
demand cessation of infringing conduct.
32. In essence, as per the case set up by the plaintiff, the “rogue
websites” are in flagrant infringement/ facilitation of infringement as is
evident from the unabashed streaming of the copyrighted content on such
“rogue websites. Moreover, the systematic, organised and intentional
nature of the infringement, and the regularity and consistency with which
the said content is being updated/ uploaded on the said “rogue websites”
shows the extent of the violation of the rights of the plaintiff in real time.
The said “rogue websites” are also employing the URL-redirection and
identity masking methods as noted above, putting the plaintiff in an even
more precarious condition to defend itself against their infringing actions.
In these circumstances, the present case appears, prima facie, to be a clear
example of copyright infringement by entities such as defendant nos.1 to
10, who are using modern technology to hide their identities while
unlawfully benefiting from others’ copyrighted works.
33. Thus, in light of the violations already committed by the “rogue
CS(COMM) 572/2025 Page 10 of 16
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websites” by unlawfully streaming sporting events, this Court sees every
likelihood that such “rogue websites” will continue to stream copyrighted
works to the public during the upcoming sports tournaments, the details of
which are set out in Annexure A, without authorization or license from the
plaintiff.
34. Therefore, the plaintiff has been able to make out a prima facie case
in its favour and against the defendants and the balance of convenience is
also tilting towards the grant of relief in favour of the
plaintiff. If an ex parte ad interim injunction in favour of the plaintiff is
not granted, the plaintiff will likely suffer irreparable loss and injury.
35. Accordingly, in view of the aforesaid, as also keeping in mind the
existing position of law, as also to keep pace with the changing times
coupled with the changing technology, till the next date of hearing:
a. Any person/ entity including, but not limited to, the defendant
nos.1 to 10 being “rogue websites”, their owners, partners,
proprietors, officers, servants, agents and representatives,
franchisees, head-ends and all others in capacity of principal or
agent, acting for and on their behalf are restrained from in any
manner communicating to the public, hosting, storing, reproducing,
streaming, broadcasting, rebroadcasting, causing to be seen or heard
by public, making available for viewing and/ or communicating to
the public, or facilitating the same on their websites/ applications,
through internet in any manner whatsoever, the said Sporting
Events as enumerated in Annexure A, so as to infringe the
plaintiff’s intellectual property rights;
CS(COMM) 572/2025 Page 11 of 16
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b. Defendants no. 11 to 23, and 25 & 26, being DNRs are
directed to block and suspend the websites of defendant nos.1 to 10
registered under them and enumerated in Annexure B, within 72
hours of being supplied with a copy of this order by the learned
counsel for the plaintiff and are also directed to provide details of
the registrants of the “rogue websites” such as their names and
contact details upon being requested by the learned counsel for the
plaintiff;
c. Defendant nos.27 to 35 being the ISPs are also directed to
block access to the abovenamed “rogue websites” as enumerated in
Annexure B, within 72 hours, after being supplied with a copy of
this order by the learned counsel for the plaintiff;
d. ‘Dynamic+’ injunction is granted in favour of the plaintiff to
protect its copyrighted works as soon as they are infringed/ created.
Consequently, during the streaming of the Sporting Events which
are enumerated in Annexure A, if any further websites, such as
mirror/ redirect/ alphanumeric variations of the “rogue websites”
are discovered which are illegally streaming and communicating
content over which the plaintiff has rights, the plaintiff will be at
liberty to communicate the details of these websites to their
concerned DNRs, if available, or in the alternative to the defendant
nos.27 to 35 being the ISPs for blocking the said websites. As such,
upon receiving the said intimation from the plaintiff, the concerned
ISP(s) shall take steps to immediately block the said “rogue
websites” on real time basis;
CS(COMM) 572/2025 Page 12 of 16
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e. Defendant nos.36 and 37 shall take steps to ensure that
defendant nos.27 to 35, being the ISPs, comply with the aforesaid
directions, through appropriate communications and notices sent to
the said ISPs which are registered with them;
f. However, after communicating the details of the “rogue
websites” in terms of the above, the plaintiff shall continue to file
affidavits with this Court in order to ensure that this Court is
informed of the said “rogue websites”.
36. Upon the plaintiff taking requisite steps, issue notice to defendants
through all permissible modes returnable before the Court on 13.10.2025.
37. Reply(s), if any, be filed within four weeks from the date of service.
Rejoinder thereto, if any, be filed within two weeks thereafter.
38. List before Court 13.10.2025.
SAURABH BANERJEE, J
MAY 30, 2025/Ab
CS(COMM) 572/2025 Page 13 of 16
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Annexure A
List of Sporting Events:
CS(COMM) 572/2025 Page 14 of 16
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Annexure B
List of rogue websites and respective DNRsCS(COMM) 572/2025 Page 15 of 16
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CS(COMM) 572/2025 Page 16 of 16This is a digitally signed order.
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The Order is downloaded from the DHC Server on 28/06/2025 at 00:46:18