Court restrains Zbullet Enterprises from unauthorized use of copyrighted content and trademarks, issues directions to social media platforms for removal of infringing material.
In a significant judgment, the Delhi High Court has granted an ex-parte ad-interim injunction in favor of Greenhorn Wellness Private Limited, restraining Zbullet Enterprises Limited and others from unauthorized use of the plaintiff's copyrighted works and trademarks. The decision, delivered by Justice Tushar Rao Gedela, underscores the court's commitment to protecting intellectual property rights against deceptive digital practices.
Greenhorn Wellness, a burgeoning digital content provider, operates the popular micro-drama platform "StoryTV," which has gained substantial traction since its inception, boasting over 10 crore downloads and significant industry partnerships. The company alleged that Zbullet Enterprises was engaging in deceptive advertising practices, including the unauthorized use of Greenhorn's copyrighted works and trademarks to mislead consumers and divert them to Zbullet's platform.
The court found that Zbullet Enterprises had been employing a modus operandi known as "engagement farming" or "traffic diversion," using Greenhorn's content and trademarks to falsely suggest an association with the plaintiff. The infringing advertisements were prominently displayed on social media platforms like Facebook and Instagram, redirecting users to Zbullet's application and website under false pretenses.
Justice Gedela noted that the plaintiff had established a prima facie case, demonstrating that the defendants' actions were likely to cause irreparable harm to Greenhorn's reputation and goodwill. The court emphasized the balance of convenience favored the plaintiff, necessitating immediate injunctive relief to prevent further damage.
The court's order restrains the defendants from reproducing, distributing, or using Greenhorn's copyrighted works and trademarks in any form. It also directs social media platforms to remove the infringing advertisements and disclose details of the infringing parties. Additionally, the court has granted an extension for Greenhorn to comply with certain procedural requirements under the Bharatiya Sakshya Adhiniyam, 2023.
Greenhorn's legal victory highlights the challenges faced by content creators in protecting their intellectual property rights in the digital age. The judgment serves as a reminder of the judiciary's role in upholding these rights and curbing unauthorized exploitation by unscrupulous entities.
Bottom line:-
Copyright and Trademark Infringement - Ex-parte ad-interim injunction granted to protect copyright works and trademarks of the plaintiff against unauthorized use by the defendants, including on social media platforms.
Statutory provision(s): Copyright Act, 1957 Sections 14 and 17, Trade Marks Act, 1999, Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, Bharatiya Sakshya Adhiniyam, 2023 Section 63(4)(c).
