Delhi High Court restrains WhatsApp from circulating ePapers

Recently, DB Corp (Dainik Bhaskar) approached the Delhi High Court seeking directions to WhatsApp to block/ takedown certain groups operating on its instant messaging platform wherein the group’s eNewspapers were being shared and circulated illegally and without authorisation. The High Court of Delhi on 24 December 2021, while noting that DB Corp had made out a prima facie case in its favour, passed an ad-interim ex-parte order directing WhatsApp to block/ takedown the offending groups identified in its suit.

31 Dec 2021 | 3396 Views | By PrintWeek Team

Other than WhatsApp LLC, the DoT, GoI and unknown administrators of the offending groups (identified by their mobile numbers) are also parties to the suit and notice has been issued to all defendants.

DB Corp had earlier approached WhatsApp through a legal notice with a request to block/ takedown the offending groups as they were infringing the copyright and registered trademark(s) of the Dainik Bhaskar Group. WhatsApp, however, in its response had declined the request seeking production of a court order.

D B Corp provides access to its eNewspapers on a subscription model through its official website and mobile application. Users are neither permitted to download the eNewspapers, nor are they permitted to share and circulate the same. Illegal and unauthorised sharing of eNewspapers, across publications, has become rampant and is prejudicial to the interests of the publishers.

Being aggrieved by such illegal and unauthorised sharing and circulation of its eNewspapers, DB Corp considered it necessary to initiate legal action to protect its proprietary interests and, as aforesaid, has been granted an ad-interim ex-parte injunction in its favour.

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