- Case number
- CS(COMM) 9/2024
- Court
- Delhi High Court
- Date of judgment
- Judge
- Tejas Karia
- Outcome
- Allowed
Headnote
Summary judgment granted in an action for groundless threats of copyright infringement under section 60, on a point of real practical weight for online enforcement. The Court held that a strike notice issued through a platform is an intermediary-driven compliance process and does not by itself amount to recourse before a competent court, so it is not "any action" within the proviso to section 60. A suit filed in the United States and then voluntarily dismissed likewise could not count as such action. The defendants having issued strike notices without instituting any proceeding after counter-notifications, the threats were actionable.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.