Delhi High Court - Orders
Play Games 24X7 Private Limited vs R Y Easy Shop Private Limited & Anr on 29 July, 2024
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 596/2024
PLAY GAMES 24X7 PRIVATE LIMITED .....Plaintiff
Through: Mr. Hemant Singh, Mr. Rohan
Ahuja, Ms. Shruttima Ehersa and
Ms. Diya Viswanath, Advocates
Versus
R Y EASY SHOP PRIVATE LIMITED & ANR. .....Defendants
Through: None.
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 29.07.2024 I.A. 33964/2024 (Section 12A CCA, 2015)
1. The plaintiff, vide the present application, is seeking exemption from instituting pre-litigation mediation.
2. Considering the averments made therein and as the plaintiff is seeking an urgent ad-interim relief as also in view of the orders passed in Yamini Manohar v. T.K.D. Krithi 2024 (5) SCC 815 and Chandra Kishore Chaurasia vs. R. A. Perfumery Works Private Limited 2022:DHC:4454-DB, the plaintiff is exempted from instituting pre- litigation mediation.
3. Accordingly, the present application is allowed and disposed of. I.A. 33963/2024 (Leave to file additional documents)
4. The plaintiff, vide the present application, is seeking time of thirty days to file additional documents.
5. The plaintiff will be at liberty to file additional documents at a later CS(COMM) 596/2024 Page 1 of 13 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 31/07/2024 at 03:16:31 stage, albeit, strictly as per the provisions of the Commercial Courts Act, 2015 and the Delhi High Court (Original Side) Rules, 2018.
6. Accordingly, the present application is allowed and disposed of. I.A. 33965/2024 (seeking leave to place on record pen drive as document)
7. The plaintiff, vide the present application, is seeking to place on record a pen drive containing the screen recordings of the infringement undertaken by the defendants.
8. In terms of Rule 24 of Chapter XI of the Delhi High Court (Original Side) Rules, 2018, let the electronic record by way of an encrypted CD/ DVD/ Medium with a hash value in a non-edited form be filed before the Registry within a period of four weeks.
9. Accordingly, let the same form a part of the record of the present suit by way of an electronic folder in such a manner that it can be perused by this Court as and when required. Also, let the hash value be kept separately by the Registry as part of the record.
10. Accordingly, the present application is allowed and disposed of. CS(COMM) 589/2024
11. The plaintiff has instituted the present suit for infringement of copyright, trademark, passing off, fraud and misrepresentation, unfair competition and rendition of accounts.
12. Let the plaint be registered as a suit.
13. Upon filing of the process fee, issue summons of the suit to the defendants through all permissible modes returnable before the Joint Registrar on 15.10.2024.
14. The summons shall state that the written statement(s) be filed by the defendants within a period of thirty days from the date of the receipt of the CS(COMM) 596/2024 Page 2 of 13 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 31/07/2024 at 03:16:31 summons. Written statement(s) be filed by the defendants along with affidavit(s) of admission/denial of documents of the plaintiff, without which the written statement(s) shall not be taken on record.
15. Replication(s) thereto, if any, be filed by the plaintiff within a period of fifteen days from the date of receipt of written statement(s). The said replication(s), if any, shall be accompanied by with affidavit(s) of admission/ denial of documents filed by the defendants, without which the replication(s) shall not be taken on record within the aforesaid period of fifteen days.
16. If any of the parties wish to seek inspection of any document(s), the same shall be sought and given within the requisite timelines.
17. List before the Joint Registrar for marking exhibits of documents on 15.10.2024. It is made clear that if any party unjustifiably denies any document(s), then it would be liable to be burdened with costs.
18. List before the Court 09.11.2024.
I.A. 33962/2024 (Order XXXIX rule 1 & 2 CPC, 1908: Stay)
19. The plaintiff, vide the present application seeks to restrain the defendants, its directors, assigns in business, licensees, franchisees, and any persons claiming right through/for them from reproducing, adapting, mutilating or using in any manner, whether online or offline, the plaintiff's copyrights advertisement films, campaigns or any other works and simultaneously injunct the defendants from using RUMMYCIRCLE/ / FORMATIVE VARIANTS or any other identical/similar trade mark, domain name, logo, either as trade mark/trade name/logo or as part of domain name, social media posts, creatives, in electronic or physical media CS(COMM) 596/2024 Page 3 of 13 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 31/07/2024 at 03:16:31 or in any manner whatsoever, alongwith other reliefs.
20. The plaintiff claims to be a company incorporated under the Companies Act, 1956, involved in the business of online real-money gaming and specializes in providing skill based online gaming platform. The plaintiff, being the registered owner of brands such as the RUMMYCIRCLE, one of India's largest online rummy platform and MY11CIRCLE, one of the top fantasy sports platforms in the country, is one of India's leading online gaming platform providers and is backed by leading marquee investors like Tiger Global and The Raine Group.
21. In the year 2009, the plaintiff launched an online Rummy playing platform with the aim to offer a digital upgrade to the country's oldest and most popular skill card game, Rummy. The plaintiff also adopted the trade mark/ trade name namely 'RUMMYCIRCLE' along with a distinctive device mark and thereafter, has been using the same openly, continuously, and extensively.
22. Since then, the plaintiff has obtained several registrations in India under the Trade Mark Act, 1999 for the above said trade mark and device mark . The details of some of the trademark registrations obtained by the plaintiff are as under:
Trademarks Reg. Date of Class Valid
No. Registration Upto
RummyCircle.com (LOGO) 2315885 16/04/2012 41 16/04/
2032
RummyCircle.com 2315890 16/04/2012 41 16/04/
2032
CS(COMM) 596/2024 Page 4 of 13
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 31/07/2024 at 03:16:32 RummyCircle.com (LOGO) 2315886 16/04/2012 42 16/04/ 2032 RummyCircle.com 2315887 16/04/2012 9 16/04/ 2032 RummyCircle 2315894 16/04/2012 28 16/04/ 2032 RummyCircle 2315893 16/04/2012 16 16/04/ 2032 RummyCircle.com (LOGO) 2315882 16/04/2012 9 16/04/ 2032 RummyCircle 2315892 16/04/2012 9 16/04/ 2032 RummyCircle 2315895 16/04/2012 41 16/04/ 20321 6/04/2 032 RummyCircle.com 2315889 16/04/2012 28 16/04/ 2032 RummyCircle.com 2315891 16/04/2012 42 16/04/ 2032 RummyCircle 2315896 16/04/2012 42 16/04/ 2032 RummyCircle.com 2315888 16/04/2012 16 16/04/ 2032 RummyCircle.com (LOGO) 2315883 16/04/2012 16 16/04/ 2032 RummyCircle.com The Best 2398046 18/09/2012 42 18/09/ Rummy Experience 2032 CS(COMM) 596/2024 Page 5 of 13 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 31/07/2024 at 03:16:32 RummyCircle.com The Best 2398044 18/09/2012 28 18/09/ Rummy Experience 2032 RummyCircle.com The Best 2398045 18/09/2012 41 18/09/ Rummy Experience 2032 RummyCircle.com The Best 2239804 18/09/2012 9 18/09/ Rummy Experience 2 2032 RummyCircle.com The Best 2398043 18/09/2012 16 18/09/ Rummy Experience 2032 RAHO EK KADAM AGE 5696122 24/11/2022 28 24/11/ 2032
23. As per the learned counsel for the plaintiff, the unique selling price of the plaintiff's abovesaid platform is that it offers a unique blend between traditional gameplay and the latest technological measures thereby, facilitating the users with a safe and secure, premium and personalised gameplay experience. The plaintiff's RUMMYCIRCLE game/ service offers a secure platform, 24x7 support, and safe transactions as per international standards of responsible gameplay, which makes it amongst one of India's most popular gaming websites and mobile applications. In fact, the plaintiff's registered trade mark can be downloaded through the plaintiff's dedicated website namely www.rummycircle.com and through the mobile application marketplaces such as Google Play Store and Apple App Store.
24. Learned counsel for the plaintiff also submits that ever since its CS(COMM) 596/2024 Page 6 of 13 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 31/07/2024 at 03:16:32 inception, the plaintiff has spent tremendous time, effort, and resources for promoting and marketing its service/game/ product under the trade mark RUMMYCIRCLE via print media, television, digital, and social media marketing. Some of the plaintiff's notable advertising films and campaigns including "Raho Ek Kadam Ange", "Khelo Befikar, Jeeto RummyCircle Par" and "Apna GameDikhao" depicting the plaintiff's marketing and advertisement campaigns and creatives are as under:
CS(COMM) 596/2024 Page 7 of 13This 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 31/07/2024 at 03:16:32
25. It is submitted that in addition to social media, the plaintiff also promotes its advertising creatives and films via print and digital media, which has a city-wide coverage across India. The plaintiff's advertisement CS(COMM) 596/2024 Page 8 of 13 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 31/07/2024 at 03:16:32 campaigns are published in reputed publications such as Financial Express, Dainik Bhaskar, Adgully, and Sports Mint in cities like Ahmedabad, Bhopal, Chandigarh, Delhi, Jaipur, Lucknow, Mumbai, Pune and Nagpur to name a few with long reach.
26. Learned counsel for the plaintiff further submits that the goodwill and reputation can be further ascertained from the quantum of ever- growing user base of the service/ game/ product under the trade mark RUMMYCIRCLE and the year on year growth in revenue as under:
Year User Count
2022 14,718,029
2023 20,733,160
2024 5,576,190
Total 73,127,470
OVERALL REVENUE GENERATED
Year Sales (Rs.in Crores)
2021 1,735.26/-
2022 1,341,30/-
2023 2,343.55/-
27. As per plaintiff, the defendant no.1 is a registered entity under the Companies Act, 2013 and the defendant no.2, although portrays itself as a registered company, is not registered with the Ministry of Corporate Affairs. Nonetheless, the defendants are conjointly operating a mobile application namely 'VRUMMY' which is available for easy download on the Google Play Store.
CS(COMM) 596/2024 Page 9 of 13This 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 31/07/2024 at 03:16:32
28. On coming to know of the defendants, the plaintiffs served two Cease and Desist notices on 10.04.2024 and once again on 20.05.2024.
29. In the wake of the above, the plaintiff has instituted the captioned suit against the defendants wherein the present application has been filed and the learned counsel for the plaintiff has made the aforesaid submissions.
30. This Court has heard the submissions advanced by the learned counsel for the plaintiff and perused the documents on record.
31. As borne out, the advertisement films issued by the plaintiffs have been altered/ distorted in as much as the plaintiff's trade mark RUMMYCIRCLE had been effaced from the digital copy as it is/ verbatim by simply superimposing the defendants' logo/trade mark VRUMMY thereto as they have been reproduced in all aspects, including misappropriating the plaintiff's brand ambassadors and celebrity endorsers. A competing differentiation of the intellectual property owned by the plaintiff under the trademark RUMMYCIRCLE and the alleged infringement by way of superimposing the defendants' logo/trade mark is outlined as under:
CS(COMM) 596/2024 Page 10 of 13This 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 31/07/2024 at 03:16:32
32. The aforesaid showcases that not only have the defendants mutilated the registered trade mark of the plaintiff but have deliberately attempted to misrepresent themselves as the extension of the plaintiff's service/game/ product RUMMYCIRCLE without any consent and/ or permission and/ or authority from the plaintiff.
33. Since plaintiff's platform operates in online real money and the plaintiff has no control over the operations of the defendants, prolonged infringement/unauthorised use of the plaintiff's registered mark is likely to cause irreparable loss and injury not only to the plaintiff but also to the general public at large.
34. Given the existing situation in hand, the aforesaid are likely to cause confusion and deception amongst the minds of any common layman to make them believe that there exist some kind of connection inter se the defendants and / or that the said defendants are in fact an extended arm of the plaintiff, which is far from the reality.
35. Furthermore, the pervasive reach of the plaintiff's campaigns, year on year revenue growth and wide increase in user base is such that any person, who comes across advertisements featuring the plaintiff's trade marks and/or its brand ambassadors, would mistakenly assume that such application is the latest offering of the plaintiff or is associated with the CS(COMM) 596/2024 Page 11 of 13 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 31/07/2024 at 03:16:32 plaintiff in any capacity, which is not the case.
36. In this backdrop, this Court is of the view that if the defendants are allowed to continue, the same can lead to perpetuation of causing immense confusion and deception in the minds of the members of the general public as the broad features of the impugned mark and the manner of using them by the defendants is visually, phonetically and structurally identical to that of the plaintiff's registered trademark. The defendants are guilty of riding upon the trade mark/logo/artistic work of the plaintiff as they have tried their level best to replicate and come as close as possible to that of the plaintiff without obtaining any prior authorisation/permission from the plaintiff to do so. Therefore, since the plaintiff is the prior adopter, the prior user and the prior registrant of the registered trademark, the plaintiff is better placed.
37. Further, the plaintiff and the defendants are involved in the business of online gaming particularly in the game of 'Rummy', catering to the same sets of customers involving monetary gameplays and using the same trade channels, the likeliness of the defendants attracting innocent customers to its platform are huge therefore, any further operation/ usage of the plaintiff's registered trademark by the defendants is likely to create a scenario of grave confusion and monetary losses to the general public at large.
38. In view of the aforesaid, the plaintiff has been able to make out a prima facie case for the grant of an ex parte ad interim injunction in its favour and against the defendants with the balance of convenience also in its favour. If not restrained, the defendants are allowed to continue using CS(COMM) 596/2024 Page 12 of 13 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 31/07/2024 at 03:16:32 the impugned plaintiff's service/game/product RUMMYCIRCLE, the same may result in the plaintiff suffering irreparable harm, loss and injury.
39. Accordingly, till the next date of hearing, the defendants, its directors, assigns in business, licensees, franchisees, and any persons claiming right through/for them are restrained from reproducing, adapting, mutilating or using in any manner, whether online or offline, the plaintiff's copyrights advertisement films, campaigns or any other works and from using RUMMYCIRCLE/ / FORMATIVE VARIANTS or any other identical/similar trade mark, domain name, logo of the plaintiff either as trade mark/trade name/logo or as part of domain name, social media posts, creatives, in electronic/physical media or in any manner whatsoever.
40. Issue notice to the defendants by all permissible modes returnable before the Joint Registrar on 15.10.2024.
41. Reply, if any, be filed within a period of thirty days from the date of service. Rejoinder thereto, if any, be filed within a period of fifteen days thereafter.
42. The provisions of Order XXXIX rule 3 CPC be complied within one week from the receipt of this order.
43. List before the Court on 09.11.2024.
SAURABH BANERJEE, J JULY 29, 2024/So CS(COMM) 596/2024 Page 13 of 13 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 31/07/2024 at 03:16:32