Delhi High Court - Orders
Sporta Technologies Pvt. Ltd. And Anr vs Dreamz11 And Anr on 24 January, 2023
Author: C.Hari Shankar
Bench: C.Hari Shankar
$~37 (Original)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 44/2023
SPORTA TECHNOLOGIES PVT. LTD. AND ANR.. Plaintiffs
Through: Ms. Shwetasree Majumder, Mr.
Rohan Krishna Seth and Ms. Parkhi Rai,
Advs.
versus
DREAMZ11 AND ANR. ..... Defendants
Through:
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 24.01.2023
CS(COMM) 44/2023
1. The plaintiffs allege, in the present suit, that the defendants have infringed the registered trademark and domain name of the plaintiff and are also passing off their services as the services provided by the plaintiffs.
2. The plaintiffs are engaged in providing the services of fantasy games through various internet websites, Plaintiff 1 is the registered proprietor of the following marks:
S.No. Trademark Number Classes Date
1 3802186 9, 16, 35, 11th April 2018
41, 42
2 3660715 9, 16, 35, 21st October
41, 42 2017
3 3660717 9, 16, 35, 21st October
41, 42 2017
4 3660851 9, 16, 35, 22nd October
41, 42 2017
5 3660718 9, 16, 35, 21st October
41, 42 2017
6 3660720 9, 16, 35, 21st October
Signature Not Verified
41, 42 2017
Digitally Signed
By:SUNIL SINGH NEGI CS(COMM) 44/2023 Page 1 of 8
Signing Date:25.01.2023
15:01:38
3. The plaintiffs also hold the domain www.dream11.com and provide their services over their website www.dream11.com. The domain name www.dream11.com was registered by Plaintiff 2 on 17th March 2008. The plaint avers that the design of the www.dream11.com website is unique and on accessing the website, the following photograph of five players appears:
4. The www.dream11.com website of the plaintiffs, it is pointed out, contains a weblink, on clicking which the Dream11 application of the plaintiffs can be downloaded and the services of the plaintiff, provided on the application be accessed.
5. The plaintiffs have also provided, in para 17 of the plaint, details of orders passed by the different Benches of this Court, both ad interim as well as final, whereby interlocutory injunctions have been granted in favour of the plaintiff protecting the plaintiff's registered trademark and domain name.
6. The plaintiffs allege that Defendant 1 is providing identical services on its website www.dreamz11.com, and using the logo . On accessing the defendants' website, it is pointed out that, Signature Not Verified as in the case of the plaintiffs a photograph of five players, Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 44/2023 Page 2 of 8 Signing Date:25.01.2023 15:01:38 arranged in a fashion similar to the manner in which the players are arranged on the plaintiffs' websites, pops up. This has been shown, in the plaint, in a comparative tabular fashion, thus:
7. It is further pointed out that the website of Defendant 1 also provides a similar weblink by which its app would be downloaded as well as a step-by-step method to download the services of Defendant 1 which is identical to the manner in which the plaintiffs' services can be accessed. This is also provided in a tabular form, thus:
The Defendant No. l's website also provides a similar tab to download the DreamZ11 application.
The Defendant No. 1's website also contains a similar section with the same title namely, 'It's easy to start playing onDreamZ11' (with 'DreamZ1l' written in red colour and the rest in black) and consist of the same three steps as that on the Plaintiffs' website.
8. The plaint further refers to a Facebook post dated 4th May 2022 of the defendants, which copies the original Facebook post of the plaintiffs, thus:
Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 44/2023 Page 3 of 8 Signing Date:25.01.2023 15:01:38The Plaintiffs' original post:
,.
The Defendant No. l's infringing post:
9. The plaintiffs have been providing their services much prior to the allegedly infringing acts of the defendants. As such, on 3rd November 2022, a cease and desist notice was sent by the plaintiffs to the defendants, followed by a reminder on 11th November 2022, neither of which elicited any response from the defendants.
10. The plaintiffs claim trademark as well as copyright entitlements and allege that the defendants are guilty of infringment both of their Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 44/2023 Page 4 of 8 Signing Date:25.01.2023 15:01:38 trademark and copyright and also passing off their services in a manner as would lead persons accessing the defendants' website to believe that the services are those of the plaintiffs or associated with the plaintiffs. This, it is submitted, has also damaged the plaintiffs' goodwill.
11. In these circumstances, the plaintiffs have, by means of the present plaint, sought injunction against the defendants from using "DreamZ11" marks or domain name, in any manner, as well as from using and operating their websites www.dreamz11.com. Concomitantly, directions for blocking of the websites etc. have also been sought.
12. The plaintiffs have established a prima facie case of infringement of trademark and copyright as well as passing off, by the defendants, of their services as those provided by the plaintiffs. The mark "DreamZ11" is, clearly, phonetically practically identical to the plaintiffs' registered "dream11" mark. The website of the defendants is laid out in a fashion which is identical to that of the plaintiffs, to the extent of the five players and the manner in which they are arranged in the photograph, which is accessed on clicking the website. The intent of the defendants to capitalize on the plaintiffs' goodwill is also apparent from the Facebook post of the defendants, which is identical to the Facebook post of the plaintiffs.
13. In the circumstances, let the plaint be registered as a suit. Issue summons in the suit.
14. Written statement, accompanied by affidavit of admission and denial of the documents filed by the plaintiffs be filed within 30 days with advance copy to learned Counsel for the plaintiffs who may file Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 44/2023 Page 5 of 8 Signing Date:25.01.2023 15:01:38 replication thereto, accompanied by affidavit of admission and denial of the documents filed by the defendants within 30 days thereof.
15. List before the learned Joint Registrar (Judicial) for completion of the pleadings including admission and denial of documents and marking of exhibits on 2nd March 2023, whereafter the matter would be placed before the Court for case management hearing and further proceedings.
I.A. 1412/2023 (Order XXXIX Rules 1 and 2 of the CPC)
16. This application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC) seeks interlocutory relief.
17. The plaintiffs have made out a clear prima facie case. Non- grant of interlocutory relief would clearly result in further infringement and piracy of the plaintiffs' intellectual property, which would result in irreparable prejudice. The balance of convenience is, therefore, in favour of grant of interlocutory relief to the plaintiffs.
18. As such, issue notice on the application, returnable on 28th March 2023 before the Court for consideration.
19. Reply, if any, be filed within four weeks, with advance copy to learned Counsel for the plaintiffs who may file rejoinder thereto, within four weeks thereof.
20. Till the next date of hearing, the defendants, through their representatives and all other acting on their behalf are restrained from using "DreamZ11" as a trademark, trade name and domain name on social Signature Not Verified media or in any other manner, and from passing off their Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 44/2023 Page 6 of 8 Signing Date:25.01.2023 15:01:38 services as services provided by the plaintiffs. Defendant 1 is also restrained from operating its website www.dreamz11.com and from providing any service under the said website.
21. The plaintiffs have also sought injunctive orders which are to be implemented by Godaddy.com LLC. The plaintiffs are also directed to implead the said entity as an additional defendant in the present proceedings.
22. Issue summons in the suit and, on amended memo of parties being filed, issue notice in the application to Godaddy.com LLC as well.
23. Godaddy.com LLC is directed to suspend access to the domain name "DreamZ11" as well as website www.dreadmz11.com, and to place on record the address and BIS details of the registrant of the said websites, which are not accessible from the WHOIS data on the internet. Defendant 1 is also directed to immediately discontinue its social media pages on Facebook, Instagram, Twitter and YouTube, and to discontinue the access to its app presently available on the Google Play Store.
24. As this order has been passed ex parte, the plaintiffs are directed to comply with the requirement under Order XXXIX Rule 3 of the CPC within one week from today.
I.A. 1413/2023 (Order XI Rule 1(4) of the CPC)
25. This application seeks permission to file additional documents. The plaintiff is permitted to place additional documents on record in accordance with the protocol envisaged by Order XI Rule 1(4) of the Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 44/2023 Page 7 of 8 Signing Date:25.01.2023 15:01:38 Code of Civil Procedure, 1908 (CPC) as amended by the Commercial Courts Act within four weeks from today.
26. The application stands disposed of accordingly.
I.A. 1414/2023 (Section 12A of the Commercial Courts Act, 2015)
27. This is an application which seeks exemption from the requirement of pre-institution mediation under Section 12A of the Commercial Courts Act. In view of the judgment of the Division Bench of this Court in Chandra Kishore Chaurasia v. R.A. Perfumery Works Pvt Ltd 1, exemption is granted as sought.
28. The application stands allowed accordingly.
I.A. 1415/2023 (exemption)
29. Subject to the plaintiffs filing legible copies of any dim or illegible documents within 30 days, exemption is granted for the present.
30. The application is disposed of.
C.HARI SHANKAR, J JANUARY 24, 2023 rb Signature Not Verified 1 2022 SCC OnLine Del 3529 Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 44/2023 Page 8 of 8 Signing Date:25.01.2023 15:01:38