Delhi HC Grants Superlative Injunction in Trademark Dispute: Real-Time Protection for Broadcasting Rights
Summary
In a recent matter of Star India Pvt Ltd v IPTV Smarter Pro & Ors [CS(COMM) 108/2025], the Delhi High Court granted what it dubbed a superlative rolling injunction to cut off unauthorised streams of expensive events, IPL 2025 and Indias tour of England included. Seeing that online piracy moves at lightning speed, the Bench let Star India get immediate relief against fresh rogue apps and websites that keep infringing its copyright and broadcast reproduction rights. The ruling signals a big leap forward for Indian courts when it comes to protecting digital broadcasts.
Case Timeline
- 10 February 2025: Ex parte ad-interim injunction granted by the Court, instructing domain registrars and ISPs to block infringing websites.
- Post-February 2025: Plaintiff filed many impleadment applications as new rogue websites and mobile apps were discovered.
- 29 May 2025: The Delhi High Court passed the present order granting real-time blocking and extending the injunction to mobile apps, a first-of-its-kind measure.
Issues Raised
- Whether the plaintiff is entitled to a real-time dynamic+ injunction against newly identified rogue websites and mobile apps beyond the scope of the original suit?
- Can the Court extend the scope of injunction to include mobile applications, in addition to websites and URLs, especially during upcoming sensitive events like IPL?
Plaintiff’s Arguments
Ownership & Rights: Star India insisted it alone owns the feed, including IPL 2025 and other live broadcasts.
Evolving Threat: It pointed to a steady stream of rogue websites and apps that quickly spring up as mirror or redirect clones.
Impediment of Procedure: The firm noted that pausing to file fresh court papers wastes time, especially when judges break for summer in June 2025.
Need for Real-Time Relief: Star India pressed for an on-the-spot court order so each new violation can be handled immediately, without repeat hearings.
They supported their argument by citing:
- CS(COMM) 266/2025 – Star India v. crichdplayer.org & Ors. — real-time relief granted for IPL.
- CS(COMM) 688/2023 – Star India & Anr. v. Jiolive.Tv & Ors. — emphasized blocking rogue websites during live sports broadcasts.
Respondent’s Argument:
Defendant No. 7 opposed the relief on the ground that:
- The prayer in the current application exceeds the original reliefs sought in the suit.
- There is no legal basis to expand the scope of the injunction to mobile applications through an interlocutory application.
- Such blanket relief may affect legitimate users or platforms.
Judgment and Analysis
Justice ruled for the plaintiff, explaining that
Real-time blocking of piracy sites is both sensible and necessary now, because infringement occurs in a heartbeat online. The Court acknowledged the “organised nature of infringement” and the complete disregard by rogue websites and mobile apps toward intellectual property rights.
Emphasized that technology-neutral protection must be granted — the mode of infringement (website or app) is immaterial as long as the IPR is being violated.
“This is, thus, a superlative injunction, which… can easily be referred to as an extended version of the available dynamic+ injunction,” the Court remarked
Accordingly, till 03 July 2025, the Court directed: •
- Domain Name Registrars (DNRs) and ISPs to suspend access to infringing domains, URLs, UIs, and mobile apps in real-time.
- Defendants to disclose registration and payment details of the rogue entities.
- ISPs to ensure complete compliance with blocking instructions.
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