Delhi High Court - Orders
Sporta Technologies Pvt. Ltd., And Anr vs Rahul Sharma And Ors on 1 December, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~40
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 856/2023
SPORTA TECHNOLOGIES PVT.
LTD., AND ANR. ..... Plaintiffs
Through: Mr. Rohan Krishna Seth, Adv. (M:
9999845680)
versus
RAHUL SHARMA AND ORS. ..... Defendants
Through: Mr. Harish Vaidyanathan Shankar,
CGSC, with Mr. Srish Kumar Mishra,
Mr. Alexander Mathai Paikaday, Mr.
Krishnan V and Mr. Gokul Sharma,
Advs. (M. 9810788606)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 01.12.2023
1. This hearing has been done through hybrid mode.
I.A. 23939/2023 (for additional documents)
2. This is an application filed by the Plaintiffs seeking leave to file additional documents under the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (hereinafter, 'Commercial Courts Act'). The Plaintiffs, if it wishes to file additional documents at a later stage, shall do so strictly as per the provisions of the Commercial Courts Act and the DHC (Original Side) Rules, 2018.
3. The application is disposed of.
I.A. 23940/2023 (for exemption)
4. This is an application filed by the Plaintiffs seeking exemption from CS(COMM) 856/2023 Page 1 of 9 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 07/12/2023 at 20:53:38 filing Original/certified/translated copies of documents with proper margins, etc. Original documents shall be produced/filed at the time of Admission/Denial, if sought, strictly as per the provisions of the Commercial Courts Act, 2015 and the DHC (Original Side) Rules, 2018.
5. Exemption is allowed, subject to all just exceptions. Accordingly, the application is disposed of.
I.A. 23938/2023 (u/s 12A of the Commercial Courts Act)
6. This is an application filed by the Plaintiffs seeking exemption from instituting pre-litigation mediation under Section 12A of the Commercial Courts Act. Considering the facts and circumstances of the case, the Court is satisfied that in terms of the judgment of the Hon'ble Supreme Court in Yamini Manohar v. T.K.D Keerthi, (2023 LiveLaw (SC) 906), the present suit contemplates urgent interim relief.
7. The exemption is granted to the Plaintiffs. Accordingly, the application is disposed of.
I.A. 23941/2023 (for court fee)
8. This is an application for exemption from filing the court fee. The court fee is stated to have been deposited yesterday i.e., 30th November, 2023. The court fee stamp be filed within a week.
9. Accordingly, application is disposed of.
CS(COMM) 856/2023
10. Let the plaint be registered as a suit.
11. Issue summons to the Defendants through all modes upon filing of Process Fee.
12. The summons to the Defendants shall indicate that the written statement to the plaint shall be positively filed within 30 days from date of CS(COMM) 856/2023 Page 2 of 9 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 07/12/2023 at 20:53:38 receipt of summons. Along with the written statement, the Defendants shall also file an affidavit of admission/denial of the documents of the Plaintiffs, without which the written statement shall not be taken on record.
13. Liberty is given to the Plaintiffs to file the replication within 15 days of the receipt of the written statement. Along with the replication, if any, filed by the Plaintiffs, an affidavit of admission/denial of documents of the Defendants, be filed by the Plaintiffs, without which the replication 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.
14. List before the Joint Registrar for marking of exhibits on 23rd January, 2024. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.
15. List before Court on 26th April, 2024.
I.A. 23937/2023 (u/O XXXIX Rules 1 & 2 CPC)
16. Issue notice in the application.
17. The present suit is filed by Plaintiffs against Defendant No.1- Rahul Sharma, proprietor of Dream 11 Pvt. Ltd. and operator of website- (www.dream11onlinematka.com), seeking an injunction from using the impugned mark 'Dream 11 onlinematka', 'Dream11 Matka' or any other mark which is deceptively similar to the Plaintiffs' mark 'Dream11'.
18. The Plaintiff No. 1-Sporta Technologies Pvt. Ltd. is a private limited company having its registered office at Mumbai, Maharashtra. Plaintiff No.2-Dream Sports Inc. is a company incorporated in the USA, and Plaintiff No.1 is a wholly owned subsidiary of Plaintiff No.2 (hereinafter, 'the Plaintiffs').
19. The Plaintiff No.1 states to be the one stop provider of a number of CS(COMM) 856/2023 Page 3 of 9 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 07/12/2023 at 20:53:39 online fantasy sport leagues. The Plaintiffs also assert to be the official fantasy sports partner of the International Council of Cricket (ICC), National Basketball Association (NBA), Indian Hockey Federation (FIH) etc. The Plaintiffs state to be the title sponsors of Indian Premiere League (IPL), 2020 and promoted their brand 'DREAM 11' on player jerseys. The Plaintiff No.1 is also the registered proprietor of the following marks:
20. The Plaintiff No. 2 has various registrations for the mark 'Dream11' in classes i.e., 9,16,18, 28, 35, 38, 41, 42, 45. The website with the domain name 'dream11.com' is registered under the name of Plaintiff No.2. Plaintiff No. 2 is the registered proprietor of the following trade marks in India:
CS(COMM) 856/2023 Page 4 of 9This 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 07/12/2023 at 20:53:41 S. Trademark Number Class Date No.
1. DREAM11 4863621 9, 16, 18, 25th September, 28, 35, 38, 2019 42 & 45
2. 28th May, 2009 1823011 38
3. 28th May, 2009 1823015 41
21. The Plaintiffs also aver that they have filed a number of lawsuits, claiming protection and enforcement of their rights over the 'DREAM11' mark against third parties whose marks are both phonetically and visually similar such as, 'Dream11Champ', 'Dreamz11', 'Dream11app.in' etc. and the same were also recognized in various proceedings. The Plaintiffs' marks have been protected against a number of similar sounding names and mark as also the domain name and website.
22. The Plaintiffs have cited several orders passed by this Court where the rights in the Plaintiff's registered trademarks have 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, • CS (COMM) 560 of 2021 - Sporta Technologies Pvt. Ltd. & Anr. V. Roberta Gaming Pvt. Ltd. & Anr., CS(COMM) 856/2023 Page 5 of 9 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 07/12/2023 at 20:53:42 • 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."
23. In the present case, the Plaintiffs are aggrieved by the website www.dream11onlinematka.com, which is a website offering gambling and hedging services to the customers. It is submitted by ld. Counsel for the Plaintiffs that the 'online matka' and the content would show that Defendant No.1 is misleading that the Application is available on google play store. In addition, he submits that the mark 'Dream 11' with the D Trophy logo as also the device letter 'D', which is the proprietary mark of the Plaintiffs is copied and being used by Defendant No.1, for gambling purposes.
24. As per the website's screenshots and contact details, which are available, it is submitted that the contact details at page 273 are completely misrepresentative. The extract of the same are set out below:
25. Ld. Counsel for the Plaintiffs submits that the mobile numbers CS(COMM) 856/2023 Page 6 of 9 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 07/12/2023 at 20:53:44 provided on the website is registered in the name of Mr. Rahul Sharma as per 'Truecaller'. There are two mobile numbers i.e. 9216999634 and 9672029634, which are related to this particular website and they are registered in the name of Rahul Sharma and Rahul G respectively. However, it is submitted that on being called on the said numbers, no one picked up the call.
26. He further submits that when the Plaintiffs tried to login and create an account on the 'Dream 11 Matka' Application, it was not possible to do so. As per the Plaintiffs' assessment, the Defendants' website/ Application also concurrently operates through other networking platforms such as Telegram and WhatsApp. It is stated that in the said alternative networking platforms, there are closed groups which could be involved, wherein only those persons/ individuals who are provided the login and other credentials can access the website.
27. In the present case, the fact that anyone from the public cannot easily login and use the website is also a cause of concern as such websites could be operating in a completely clandestine manner amongst groups which could also include teenagers, children etc.
28. The date of registration of the Defendant No.1's domain name is 27th July, 2023. The entire mark 'Dream11' is being used with a space between 'Dream' and '11' and thus, this is a case of complete misappropriation of the Plaintiffs' mark 'DREAM11', brand identity and corporate identity. The following logo is being copied on the website:
CS(COMM) 856/2023 Page 7 of 9This 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 07/12/2023 at 20:53:45 It is also stated that online records maintained by the Ministry of Corporate Affairs shows that the said entity- Dream 11 Pvt Ltd of the Defendant No.1, is not a registered company and the trade/ corporate name is false and fictitious.
29. The Defendant No.1's name 'DREAM 11'/ 'DREAM 11 OnlineMatka' is identical to the Plaintiff's mark 'DREAM11'. The Plaintiffs' reputation owing to a large number of events including the sponsorship of the Indian cricket team would lead any innocent user to believe that the Defendants' website is also connected and affiliated to the Plaintiffs. There is a high chance of confusion between the two names. This is especially true on the internet, where the difference between such domain names would not be easily discernible. Further, considering the nature of the internet, it is possible for similar sounding website names to be presumed as being affiliated, and the use of such similar sounding domain names and that too with almost identical logos inevitably results in passing off of one service as that affiliated, sponsored or connected with the other. The Plaintiffs have made out a prima facie case for grant of ex-parte ad-interim injunction. Balance of convenience lies in favour of the Plaintiffs and they are likely to suffer irreparable harm in case the injunction, as prayed for, is not granted.
30. Under these circumstances, the Defendant No.1- Rahul Sharma, proprietor of, Dream 11 Pvt Ltd ('www.dream11onlinematka.com') as also the operators of the said website, shall stand restrained from using the mark or name 'DREAM11', with mark 'D' and any other mark, which is identical and deceptively similar to the Plaintiff's 'DREAM11' marks, either CS(COMM) 856/2023 Page 8 of 9 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 07/12/2023 at 20:53:46 as a domain name/website name or on any other platform, in relation to online gaming, hedging, betting and any other cognate and allied services. The said website shall be locked and suspended. Ministry of Electronics and Information Technology (hereinafter, MEITY) shall issue blocking orders in respect of the said website which shall also be given effect to by all the Internet Service Providers (hereinafter, ISPs).
31. Further, mobile service operators - Vodafone India and Airtel shall disclose the KYC details and any other details of the mobile numbers owners to the Plaintiffs upon an email being served along with the copy of this order.
32. Concerned domain name registrar (hereinafter, DNR) - HOSTINGER i.e., Defendant No.2 -is directed to lock and suspend the impugned domain name within 72 hours after receiving the copy of this order. Additionally, details of the entity/person who has registered the impugned domain name including the email, and other BSI shall be provided to the Plaintiff.
33. Compliance of Order XXXIX Rule 3 CPC be done within a week through email.
34. List on the 26th April, 2024.
PRATHIBA M. SINGH, J.
DECEMBER 01, 2023/dk/bh CS(COMM) 856/2023 Page 9 of 9 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 07/12/2023 at 20:53:46