Delhi High Court - Orders
Sporta Technologies Pvt. Ltd. And Anr vs John Doe And Anr on 9 August, 2021
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~21 (original)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 365/2021 & I.A.9879/2021, I.A.9880/2021,
I.A.9881/2021
SPORTA TECHNOLOGIES PVT. LTD. AND ANR
..... Plaintiffs
Through: Ms. Shwetasree Majumdar,
Mr.Prithivi Singh, Ms. Pritika Kohli, Mr.Rohan
Krishna Seth and Mr.Prithvi Gulati, Advs.
versus
JOHN DOE AND ANR. ..... Defendants
Through: Mr. Alipak Banerjee, Adv. for D-2
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
ORDER
% 09.08.2021
(Video-Conferencing)
I.A.9881/2021 (exemption)
1. Subject to the plaintiff filing legible copies of any dim or illegible documents on which it may seek to place reliance within four weeks from today, exemption is granted for the present.
2. The application is disposed of.
I.A.9880/2021 ((under Order XI Rule 1(4) of the CPC for filing additional documents)
1. Leave is granted to the plaintiff to file additional documents within a period of four weeks from today subject to the right of the defendant to Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS (COMM) 365/2021 Page 1 of 6 Signing Date:11.08.2021 18:09:56 admit/deny the same, the application stands allowed to the aforesaid extent.
2. The application is disposed of.
CS(COMM) 365/2021 & I.A.9879/2021(under Order XXXIX Rules 1 & 2 of the CPC)
1. The plaintiff is in the business of fantasy sports on the worldwide web. In 2012, the plaintiff launched a fantasy sports platform under the mark "DREAM11". It is the holder of domain name www.dream11.com which was registered on 17th March, 2008. Plaintiff No. 2 is the registrant of the said domain.
2. The plaint asserts that the plaintiffs are the registered proprietors of the following marks:
S. Trade Mark Number Class(es) Date
No.
1. DREAM11 3847330 16 and 41 30th May, 2018
CHAMPIONS
2. DREAM11 4863621 9, 16, 18, 25th September,
28, 35, 38, 2019
42 & 45
3. 1823011 38 28th May, 2009
4. 1823015 41 28th May, 2009
Signature Not Verified
Digitally Signed
By:SUNIL SINGH NEGI
CS (COMM) 365/2021 Page 2 of 6
Signing Date:11.08.2021
18:09:56
5. 3802186 9, 16, 35, 11th April, 2018
41, 42
6. 3802185 9,16, 35, 11th April, 2018
41, 42
7. 3660715 9, 16, 35, 21st October,
41, 42 2017
8. 3660717 9, 16, 35, 21st October,
41, 42 2017
9. 3660851 9, 16, 35, 22nd October,
41, 42 2017
10. 3802184 9,16,35, 11th April, 2018
41 & 42
3. These marks are stated to be valid and subsisting as on date.
4. Defendant No.1 is also stated to be engaged in providing fantasy sports services on its fantasy league cricket platform using the domain name www.mydream11.in. The mobile application of Defendant No.1 is stated to be "MyDream11".
5. As Defendant No.1's identity and particulars are unknown, it has been impleaded as "John Doe". In this context, Mr. Alipak Banerjee, learned Counsel appearing for Defendant No.2 GoDaddy.com, LLC which registered the aforesaid domain name, agrees to provide, under the cover of an affidavit, the details of Defendant No. 1, within a week from today with advance copy to learned Counsel for the plaintiff.
Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS (COMM) 365/2021 Page 3 of 6 Signing Date:11.08.2021 18:09:566. The plaintiff also relies on the following recitals contained on the home page of the website of Defendant No.1:
".....MyDream11 is the platform where people like you play the game online. Enjoy playing fantasy cricket right on your device. Pick team of your choice and play daily."
7. The plaint further asserts that attempts were made, by the plaintiffs' representative, to register on the Defendant No. 1's website, but the attempts remain unsuccessful, as no one time password (OTP), facilitating registration, was received back. The plaintiffs states that, it had, thereafter, addressed an e-mail to the e-mail ID available at the defendants' website, being "[email protected]" but that the e-mail bounced. The mobile application of the defendant is also stated not to be working as on date.
8. These facts, asserts the plaint, indicate that the defendant is yet to launch its website and mobile application. As and when they are launched, Ms. Majumdar, appearing for the plaintiffs submits that they would seriously infringe the plaintiffs' marks and, in view of their identity with the defendant's mark and domain name, would clearly be capable of creating confusion in the mind of the internet customer, between the site of the defendant and that of the plaintiffs. As such, it is stated that the defendant's activities amount to infringement as well as passing off. Ms. Majumdar has also invited my attention to earlier orders passed by this Court in similar circumstances, in which interim injunctions have been granted and directions for blocking of the website Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS (COMM) 365/2021 Page 4 of 6 Signing Date:11.08.2021 18:09:56 of the defendants have also been passed.
9. Ms. Majumdar submits that, as the very domain name of the defendant is infringing in nature, the website itself would have to be blocked, as confusion is created even by the domain name of the defendant and not merely by the representations contained on the website. She draws my attention to the fact that infringement of domain name has been recognised by the Supreme Court in Satyam Infoway Ltd. v. Siffynet Solutions (P) Ltd. 1 as a distinct genus of infringement in trademark law.
10. In the circumstances, issue summons in the suit. Written statement, accompanied by affidavit of admission/denial of the documents filed by the plaintiffs be filed within four weeks from today with advance copy to learned Counsel for the plaintiff who may file replication thereto, if any, accompanied by affidavits of admission/denial of the documents filed by the defendant within two weeks thereof.
11. List before the Joint Registrar for completion of pleadings, admission/denial of documents and marking of exhibits on 22nd October, 2021.
12. Issue notice to the defendant in I.A.9879/2021, returnable on 27th October, 2021. Response, if any, be filed within four weeks with advance copy to learned Counsel for the plaintiffs who may file rejoinder 1 (2004) 6 SCC 145 Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS (COMM) 365/2021 Page 5 of 6 Signing Date:11.08.2021 18:09:56 thereto, if any, before the next date of hearing.
13. The aforesaid averments read with the material on record, make out a prima facie case for grant of ad-interim relief. As such, till the next date of hearing, Defendant No.1 is restrained from using the mark "mydream11" or any other mark which may be deceptively similar to the plaintiffs' mark "DREAM11" as a trademark, trade name, domain name or otherwise on any social media platform or in any other manner which could amount to infringement or passing off of the plaintiffs' marks listed in the plaint.
14. Defendant No.2 is also directed to forthwith suspend the registration of Defendant No.1 qua the website www.mydream11.in.
15. Defendant No.2 is also directed, as above, to place on record the details of Defendant No.1 within a week from today under cover of an appropriate affidavit.
16. Re-notify I.A.9879/2021 for hearing and disposal on 27th October, 2021 before Court.
C. HARI SHANKAR, J AUGUST 9, 2021/kr Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS (COMM) 365/2021 Page 6 of 6 Signing Date:11.08.2021 18:09:56