Delhi HC restrains Whatsapp from illegal sharing of DB Corp's e-papers

Recently, DB Corp Ltd (Dainik Bhaskar) approached the Delhi High Court, seeking directions to WhatsApp LLC to block/ take down certain groups operating on its instant messaging platform, wherein the Group’s E-Newspapers were being shared and circulated illegally and without authorisation.

The Delhi High Court on December 24, 2021, while noting that DB Corp Ltd (Dainik Bhaskar) had made out a prima facie case in its favour, passed an ad-interim ex-parte order directing WhatsApp LLC to block/ takedown the offending groups identified in its suit. 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 Ltd (Dainik Bhaskar) had earlier approached WhatsApp LLC through a Legal Notice with a request to block/ take down the offending groups as they were infringing the copyright and registered trademark(s) of the Dainik Bhaskar Group. WhatsApp LLC, however, in its response had declined the request seeking production of a court order. 

DB Corp Ltd (Dainik Bhaskar) provides access to its E-Newspapers on a subscription model through its official website and mobile application. Users are neither permitted to download the E-Newspapers, nor are they permitted to share and circulate the same. Illegal and unauthorised sharing of E-Newspapers, 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 E-Newspapers, DB Corp Ltd (Dainik Bhaskar) 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.