Delhi High Court - Orders
Sporta Technologies Pvt Ltd And Anr vs John Doe And Ors on 8 January, 2024
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 22/2024, I.A. 427/2024, I.A. 428/2024, I.A. 429/2024,
I.A. 430/2024 & I.A. 431/2024.
SPORTA TECHNOLOGIES PVT LTD AND ANR ..... Plaintiffs
Through: Mr. Prithvi Singh, Mr. Rohan Krishna
Seth and Mr. Shiv Mehrotra, Advs.
versus
JOHN DOE AND ORS ..... Defendants
Through:
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 08.01.2024 I.A. 428/2024 (Exemption from pre-institution mediation)
1. Having regard to the facts of the present case and in light of the judgement of the Division Bench of this Court in Chandra Kishore Chaurasia v. R.A. Perfumery Works Private Ltd., FAO (COMM) 128/2021, exemption from attempting pre institution mediation is allowed.
2. Accordingly, the application stands disposed of.
I.A. 429/2024 (Leave to file additional documents)
1. The present application has been filed on behalf of the plaintiff under Order 11 Rule 1(4) of the Code of Civil Procedure, 1908 ("CPC") as applicable to commercial suits under the Commercial Courts Act, 2015 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/01/2024 at 00:31:54 seeking to place on record additional documents.
2. The plaintiff, if it wishes to file additional documents at a later stage, shall do so strictly as per the provisions of the Commercial Courts Act, 2015 and the Delhi High Court (Original Side) Rules, 2018.
3. Accordingly, the present application is disposed of.
I.A. 430/2024 (Exemption from filing original and clear copies)
1. Exemption is granted, subject to all just exceptions.
2. Applicant shall file legible, clear, and original copies of the documents on which the applicant may seek to place reliance within four weeks from today or before the next date of hearing, whichever is earlier.
3. Accordingly, the present application is disposed of.
I.A. 431/2024 (Court fees)
1. Counsel for the plaintiffs states that they shall deposit court fees within a week. It is made clear that no further extension will be granted.
2. Accordingly, the application is disposed of, with the aforesaid terms.
CS(COMM) 22/2024
1. Let the plaint be registered as a suit.
2. Upon filing of process fee, issue summons to the defendants by all permissible modes. Summons shall state that the written statement(s) be filed by the defendants within 30 days from the date of receipt of summons. Along with the written statement(s), the defendants shall also file affidavit(s) of admission/denial of the documents of the plaintiffs, without which the written statement shall not be taken on record. Liberty is given to the plaintiffs to file This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/01/2024 at 00:31:54 a replication within 30 days of the receipt of the written statement(s). Along with the replication, if any, filed by the plaintiffs, affidavit(s) of admission/denial of documents filed by the defendants, be filed by the plaintiffs, without which the replication(s) shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.
3. List before the Joint Registrar for marking of exhibits on 11th March, 2024.
4. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.
I.A. 427/2024 (Application under Order XXXIX Rule 1 & 2 read with Section 151 of the CPC, 1908)
1. The present suit has been filed by the plaintiff in relation to their registered trademarks as mentioned below:
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/01/2024 at 00:31:54
2. The defendant No.2 is the domain name registrant of the domain 'hmriworld.com'.
3. The plaintiffs launched its hugely popular fantasy sports platform under the trademark Dream11 in 2012. Thereafter, and until the present date, the plaintiffs have been the official fantasy sports partner of the International Council of Cricket (ICC), The Campeonato Nacional de Liga de Premiera Division (La Liga), Vivo Indian Premier League (IPL), KFC Big Bash League This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/01/2024 at 00:31:55 (BBL), Hero Caribbean Premier League (CPL) T20, National Basketball Association (NBA), Vivo Pro Kabaddi League (PKL), International Hockey Federation (FIH), Hero Indian Super League (ISL) and T20 Mumbai. The plaintiff has also acquired Official partner rights of Board of Control for Cricket in India (BCCI), international and domestic matches since 2019.
4. Plaintiffs have come across the domain of defendant No. 1, hmriworld.com, which includes the impugned sub-domain dream11.hmriworld.com. It is claimed that the impugned sub-domain completely subsumes the plaintiff's registered trademark. It is alleged that the sub-domain has been managed to attract users to the main domain "hmriworld.com" which is an act of infringement of the Plaintiff's 'Dream11' trademarks, in a manner similar to meta-tag infringement.
5. The said domain name is registered by defendant No.2. Communication was addressed by the plaintiff to defendant No.2 through advance notice. However, no one appears on behalf of defendant No.2.
6. Counsel appears for defendant Nos.3 and 4 (DOT & MEITY).
7. Counsel for the plaintiff has drawn attention to the various facts relating to the reputation and goodwill acquired by the plaintiff, which are narrated in para 13-20 of the said plaint. He has further drawn attention to various orders passed by this Court for protecting the said marks, narration of which is found in para 21 of the said plaint.
8. The plaintiff has cited several orders passed by this Court wherein plaintiff's right in the registered trademark has been protected. The orders passed by this Court are in various proceedings and include the following:
CS (COMM) 141 of 2022 - Sporta Technologies Pvt. Ltd. & Anr. V. Dream 7 Entertainment Private Limited, This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/01/2024 at 00:31:55 CS (COMM) 560 of 2021 - Sporta Technologies Pvt. Ltd. & Anr. V. Roberta Gaming Pvt. Ltd. & Anr., CS (COMM) 365 of 2021 -Sporta Technologies Pvt. Ltd. & Anr. V. John Doe & Anr., CS (COMM) 375 of 2019 - Sporta Technologies Pvt. Ltd. & Anr. V. Edream11 Skill Power Pvt. Ltd., CS (COMM) 355 of 2020 - Sporta Technologies Pvt. Ltd. & Anr. V. Dream11 Team and CS (COMM) 448 of 2020 - Sporta Technologies Pvt. Ltd. & Anr. v. Dream11 Prime & Ors."
9. In the above facts and circumstances and having perused the documents on record, this Court is of the view that the plaintiff has made out a prima facie case for grant of ex parte ad-interim injunction till the next date of hearing. Balance of convenience lies in favour of the plaintiff who is likely to suffer irreparable harm in case the injunction as prayed for is not granted.
10. Accordingly, till the next date, defendant No. 1, its representatives and others acting for, and on its behalf, are restrained from using the marks "DREAM11" and in the sub-domain name 'dream11.hmriworld.com', or any other deceptively similar variant of the Plaintiffs' 'Dream11' trademarks, as a trademark, trade name, domain name, sub-domain name, as part of their email addresses or in any other manner which amounts to infringement of the Plaintiffs' 'Dream11' mark.
11. Defendant No. 2 is directed to reveal the complete address and contact details of the Registrant of the domain hmriworld.com.
12. Defendant Nos. 3 and 4 (DOT and MEITY) are directed to issue a notification calling upon various internet service providers to suspend access to the sub-domain/ website of defendant No. 1 being This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/01/2024 at 00:31:55 dream11.hmriworld.com., within a period of 48 hours of receiving the copy of this order.
13. Plaintiff shall comply with the provisions of Order XXXIX Rule 3 of CPC within a period of one week.
14. Issue notice.
15. Defendants may file a reply within two weeks after having received the said notice with copy to the opposing side. Plaintiff may file a rejoinder thereafter, if necessary, before the next date of hearing.
16. List before the Joint Registrar on 11th March, 2024.
17. List before the Court on 06nd May, 2024.
18. Order be uploaded on the website of this Court.
ANISH DAYAL, J JANUARY 8, 2024/MK This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/01/2024 at 00:31:55