Delhi High Court - Orders
Moonshine Technology Private Limited vs Tictok Skill Games Private Limited & Ors on 22 July, 2021
Author: Anu Malhotra
Bench: Anu Malhotra
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 331/2021 & I.A. 8678-8680/2021
MOONSHINE TECHNOLOGY PRIVATE LIMITED..... Plaintiff
Through: Mr. Chander M Lall, Sr. Adv. with
Subhash Bhutoria, Nancy Roy, Amit
Panigrahi and Trushita Mehra, Advs.
versus
TICTOK SKILL GAMES PRIVATE LIMITED & ORS.
..... Defendants
Through: Mr. Abhishek Malhotra, Ms. Naomi
Chandra, Ms. Shilpa Gamnani and
Ms. Sanya Sehgal, Advs.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 22.07.2021 (through video conferencing) I.A. 8680/2021 (Exemption) Exemption allowed, subject to just exceptions. CS(COMM) 331/2021 & I.A. 8678-8679/2021 The suit filed by the plaintiff makes the following prayers:
"I. Pass an order and decree of permanent injunction, restraining the Defendants, its principal officers, promoters, employees, associates, affiliates, agents from using the Plaintiffs well-known brand "and registered mark, Baazi, PokerBaazi, RummyBaazi, BalleBaazi et al. or any other mark or trade indicia, which is confusingly similar to the Plaintiff's said trademarks, in any form or manner, whatsoever, including as WinzoBaazi I WinzoBaazi, in respect to any product and service for which the Plaintiff has obtained registration including inter alia gaming services, which use amounts to infringement of the Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:27.07.2021 15:07:59 This file is digitally signed by PS to HMJ ANU MALHOTRA.
Plaintiff's exclusive rights;
II. Pass an order and decree of permanent injunction, restraining the Defendants, its principal officers, promoters, employees, associates, affiliates, agents et al. from using the Plaintiff's well-known brand and " registered mark, Baazi, PokerBaazi, RummyBaazi, BaJleBaazi et al. or any other mark or trade indicia, which is confusingly similar to the Plaintiffs said prior and registered marks, in any form or manner, including by way of trademark, trading name, trading style, domain name, keywords, metatags etc., In respect to any product or service including gaming services, for which the Plaintiff has been using its said brands and trademarks, and which use by the Defendants shall amount to Passing Off. III. Pass an order and decree of mandatory injunction, directing the Defendants to completely remove/ omit! delete / take down / pull down / and in every possible manner, cease and desist any and every use and reference of Plaintiffs well-known brand, prior· trademarks Baazi, PokerBaazi, RummyBaazi, BalleBaazi, Baazigar, et al. or any other mark or trade indicia, including Winzo' Baazi / WinzoBaazi and Baazigar, which is confusingly similar to the Plaintiffs brands and trademarks. IV. Pass a decree for rendition of accounts of profit, illegally earned by the Defendant;
V. Alternatively, pass a Decree of damages in the present proceedings to the tune of INR Two Crores and One Thousand Only or more as determined pursuant to the rendition of Defendants" account;
VI An order for costs of the proceedings; And any other or further order, as this Hon'ble Court may deem fit in the interest of justice and in favour of the Plaintiff."
Along with the same is I.A. 8678/2021 under Order 39 Rule 1 & 2 of the CPC, 1908 (as amended) seeking an interim relief as prayed therein.
Presently, the Court considers it appropriate that summons for settlement of issues along with notice of I.A. 8678/2021 is issued to the defendants which is accepted on behalf of the defendants by learned counsel Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:27.07.2021 15:07:59 This file is digitally signed by PS to HMJ ANU MALHOTRA.
for the defendants present.
Taking into account the stated urgency as per averments made in the plaint, the written statement of the defendants with a reply to I.A. 8678/2021 be filed within a period of 14 days. The replication, if any, thereto be filed by the plaintiff within one week thereafter.
The matter be renotified for consideration of I.A. 8678/2021 on 23.08.2021.
Written submissions not exceeding three pages be filed by either side qua I.A. 8678/2021.
I.A. 8679/2021 under Order 11 Rule 1(4) of the CPC, 1908 (as amended) would be considered on the submission of the affidavit listing the documents that the plaintiff seeks to file.
ANU MALHOTRA, J JULY 22, 2021 vm Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:27.07.2021 15:07:59 This file is digitally signed by PS to HMJ ANU MALHOTRA.