Act. While, use of a mark for any of the purposes
elaborated above, in respect of genuine goods of
the owner would not be infringement, the
performance of any service as elaborated above, in
respect of counterfeit goods or goods which are not
genuine, could constitute infringement…..”
(xiv) It is also worth noting that during the COVID-19 pandemic, teachers
and the education system as a whole, have taken great initiative to
ensure access of educational materials to students through online
modes such as videos, PDF documents, etc. If the protection of
copyright is not evolved as per the changing times, it would have a
chilling effect on the progressive initiatives taken by educators in
sharing their materials and ensuring accessibility.
(xv) Lastly, in so far as Telegram’s submission regarding the Plaintiffs not
providing verifiable proof that their copyright has been infringed are
concerned, the Court notes that there is clear inconsistency between the
stand of Telegram at different instances. While it states that proof of
infringement is required, it has already blocked various infringing
channels and abided by the order dated 28 th July, 2020, without
demanding further proof, including private channels. In any event, this
Court has found a prima facie case of infringement, which is sufficient
to direct Telegram to enable the Plaintiffs to available of their remedies
under the Copyright Act.
46.
In view of the above factual and legal position, in the opinion of this
Court, merely because Telegram chooses to locate its server in Singapore, the
same cannot result in the Plaintiffs’ – who are copyright owners of course
materials – being left completely remediless against the actual infringers,
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:31.08.2022
12:12:31
CS (COMM) 282/2020
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