Delhi HC directs Telegram to take down channels that are providing 'Allen Career Institute's copyrighted study material/lectures [Read Order]

The High Court of Delhi on Wednesday (18th November) consisting of a single bench judge of justice Rajiv Shakdher passed an ad-interim order against Telegram Mobile Internet application (and defendant nos. 2 to 5), directing them to take down/disable the channels that are providing 'Allen Career Institute's copyrighted study material/lectures in breach of the Plaintiff's copyright. The bench even listed down the names/links of 31 channels available on Telegram, allegedly providing 'Allen Career Institute's copyrighted study material/lectures.

The case set up by the plaintiff is 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 is claimed by the plaintiff that it conducts its business under the ALLEN logo which is registered copyright belonging to the plaintiff.

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

According to the plaintiff, it is presently aggrieved by the fact that the defendant nos. 2 to 5 have been uploading its copyrighted study

material/lectures on defendant no. 1‟s platform.

Ms. Archana Pathak Dave, who appeared on behalf of the plaintiff, has relied upon various documents to demonstrate the violation of the plaintiff‟s  copyright which is embedded in the plaintiff‟s study material/lectures.

The bench 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 favor 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, issue summons in the suit and notice in the captioned application to the defendants via all means including e-mail.

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

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

The bench even 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.

The matter will be next heard on 02.02.2021

Read Order @Latestlaws.com