DAZN Limited & Anr. v. Back.methstreamer.com & Ors.

Relevant Acts and provisions

Code of Civil Procedure, 1908

Section Order VIII Rule 10

Copyright Act, 1957

Section 37

Provisions considered: Section 37 of the Copyright Act, 1957, read with Order VIII Rule 10 of the Code of Civil Procedure, 1908.

Brief facts

DAZN Limited, a global sports-streaming platform, and its Indian subsidiary held exclusive Indian broadcast reproduction rights to a major boxing event in December 2024. Twenty-eight rogue websites communicated the event to the public without authorisation, prompting DAZN to sue for a permanent injunction and to obtain an ex parte interim injunction blocking the websites and directing domain registrars, internet service providers and government departments to lock, suspend and block access to them. The rogue-website defendants never entered appearance or filed written statements despite service.

Issues before the Court

1. Did the rogue websites infringe the plaintiffs' exclusive broadcast reproduction right under Section 37 by unauthorised live streaming?
2. Can the suit be decreed under Order VIII Rule 10 of the Code of Civil Procedure where defendants never file a written statement despite service?

Court's findings

The Court held that the averments in the plaint stood deemed admitted under Order VIII Rule 10 of the Code of Civil Procedure, since the contesting defendants, though served and aware of the interim injunction, neither entered appearance nor filed written statements within the prescribed period, and none approached the Court to modify or vacate the interim order.

The Court found that the rogue websites were primarily and substantially engaged in communicating to the public the plaintiffs' exclusively licensed broadcast without authorisation, in violation of Section 37 of the Copyright Act, and that their conduct followed the pattern of rogue websites identified in UTV Software Communications, warranting full-site blocking rather than URL-specific blocking.

The Court held that since the plaint was duly verified and supported by affidavit, and the suit did not merit trial in these circumstances, it was fit to be decreed on admission, with the interim injunction merging into the final decree.

Decision

Suit decreed; permanent injunction granted against the rogue websites, with the earlier interim order merging into the final decree.

Cases cited

• UTV Software Communications Ltd. v. 1337X.to, 2019 SCC OnLine Del 8002

Authorities referred to in the decision. Please verify each citation in the judgment itself.

Keywords

Broadcasting Rights Copyright Infringement Digital Platforms Dynamic Injunction Online Infringement