TIMES OF INDIA SEEKS AN INJUNCTION AGAINST WEBSITES DISPLAYING COPIES OF ITS NEWS CONTENT

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In a suit filed before the Delhi High Court, Bennett Coleman And Company Ltd. popularly known as Times group, sought an injunction against the website www.sscias.com which was reportedly making the plaintiffs newspapers available for download on their platform. It was claimed by the Times group that this was a dishonest action by the defendants who were trying to put advertisements on the same and illegally reap commercial benefits from the literary work owned by them.  It was claimed that such an action strips the plaintiff of their sole right to distribution and publication of the literary work, consequently causing commercial loss. The court took notice of this claim and determined a situation of prima facie infringement and passing off as well, in the favour of the plaintiffs. Justice Manmohan further went on to rule that the balance of convenience was in the plaintiff’s favour due to the irreparable harm. The injunction was with respect to copyright infringement as well due to the unauthorized distribution and reproduction of the plaintiff’s expression. Hence in accordance with this an interim injunction was ruled for by the court restraining the defendants from making available for download the plaintiff’s newspaper and logo on their website www.sscias.com .

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