The issues in the present case are:

1. Whether the plaintiffs are entitled to an ex parte ad interim injunction against rogue websites and other defendants for copyright infringement of exclusive broadcasting rights for the FIFA Club World Cup 2025?
2. Whether the plaintiffs can seek ancillary reliefs such as blocking of infringing websites, disclosure of registrant information, and orders against ISPs and government authorities?
3. Whether the plaintiffs can be exempted from pre-institution mediation under Section 12A of the Commercial Courts Act, 2015?

In this case DAZN Limited (UK-based) and DAZN Software Private Limited (India-based), engaged in global sports streaming and broadcasting , the plaintiffs acquired exclusive media rights (broadcast, digital, sub-licensing) for the FIFA Club World Cup 2025, including rights under Section 37 of the Copyright Act, 1957.Plaintiffs discovered that several rogue websites (defendants 1-6) were illegally streaming DAZN’s content, including previous and ongoing events, without authorization.

Reliefs Sought: Permanent injunction, blocking of infringing websites, disclosure of registrant information, and orders to ISPs and government bodies to prevent further infringement.

The Hon’ble Court laid down that:

1. Protection of Exclusive Broadcasting Rights: The court recognized the plaintiffs’ exclusive rights under the Copyright Act for the FIFA Club World Cup 2025, including the right to prevent unauthorized streaming and broadcasting.

**2. Prima Facie Case and Balance of Convenience:**The court held that the plaintiffs had established a prima facie case of copyright infringement, with the balance of convenience in their favor. If relief was not granted, the plaintiffs would suffer irreparable harm.

3. Exemption from Pre-Institution Mediation: Citing Supreme Court and Delhi High Court precedents, the court exempted the plaintiffs from pre-institution mediation due to the urgency of seeking an ex parte interim injunction.

4. Dynamic Injunctions and Blocking Orders: The court recognized the need for dynamic reliefs (such as blocking orders against future infringing websites) due to the evolving nature of online piracy.

In the Judgment it laid down:

1. Exemption Applications:
   • Plaintiffs exempted from pre-institution mediation (Section 12A, Commercial Courts Act).
   • Plaintiffs permitted to file additional documents and exempted from advance service to certain defendants.
2. Registration of Suit:
   • Plaint registered as a suit and summons issued to all defendants.
3. Ad Interim Injunction (Order XXXIX Rules 1 & 2, CPC):
   • Temporary injunction granted, restraining defendants 1-6 (and any other discovered infringing websites) from communicating, hosting, streaming, or making available the plaintiffs’ exclusive content related to FIFA Club World Cup 2025.
   • Domain Name Registrars (DNRs) (defendants 7-11) directed to lock/suspend domain names of infringing websites and disclose registrant information.
   • ISPs (defendants 12-20) directed to block access to infringing websites.
   • Government authorities (defendants 21-22) directed to notify ISPs to block access to infringing websites.
   • John Doe orders issued against unknown future infringers.

The court observed that online piracy, especially by masked entities, poses a serious threat to legitimate rights holders and must be curbed promptly.The court emphasized the importance of dynamic and effective enforcement mechanisms in the digital era.

The Delhi High Court granted robust interim protection to DAZN, recognizing the urgent need to safeguard exclusive broadcasting rights against online piracy. The order sets out a clear framework for dynamic injunctions, domain blocking, and disclosure orders, reinforcing the legal protection of intellectual property in the digital landscape.

Sections Used and Their Definitions

1. Section 37, Copyright Act, 1957: Broadcast Reproduction Right:Grants the exclusive right to the broadcaster to re-broadcast, retransmit, stream, and make available for viewing and/or communicate to the public their broadcasts.

2. Section 12A, Commercial Courts Act, 2015: Pre-Institution Mediation:Mandates parties to attempt mediation before instituting a suit, except where urgent interim relief is sought.