Delhi High Court - Orders
Sporta Technologies Pvt. Ltd., And Anr vs Mr. Saurabh Shukla And Others on 8 April, 2024
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~52
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 293/2024 & I.A. 7862/2024
SPORTA TECHNOLOGIES PVT. LTD., AND ANR. ..... Plaintiffs
Through: Mr. Prithvi Singh, Mr. Rohan Krishna
Seth & Mr. Shilp Sinha, Advocates.
versus
MR. SAURABH SHUKLA AND OTHERS ..... Defendants
Through: Ms. Nidhi Raman, CGSC with Mr.
Zubin Singh, Advocate. D6-7
Ms. Anushika Sharda, Mr. Madhav
Khosla & Ms. Moha Paranjpe,
Advocates for D-2.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 08.04.2024 I.A. No. 7860/2024(Seeking exemption from advance service of suit)
1. The Plaintiffs allege that Defendant No. 1 is perpetrating fraud on the general public by creating a false association with the Plaintiffs, resulting in grave financial losses to the public. Considering the nature of controversy involved in the present suit as well as the peculiar facts and circumstances of the case, exemption from effecting advance service on Defendant No. 1 is allowed.
2. Application is disposed of.
CS(COMM) 293/2024 Page 1 of 12This 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 10/04/2024 at 23:38:47 I.A. No. 7857/2024(Seeking pre-institution mediation)
3. As the present suit contemplates urgent interim relief, in light of the judgment of Supreme Court in Yamini Manohar v. T.K.D. Krithi,1 exemption from attempting pre-institution mediation is granted.
4. Disposed of.
I.A. No. 7858/2024(Seeking leave to file additional documents)
5. This is an application seeking leave to file additional documents under the Commercial Courts Act, 2015.
6. Applicant, if it wishes to file additional documents at a later stage, shall do so strictly as per the provisions of the said Act.
7. Accordingly, the application stands disposed of. I.A. No. 7859/2024(Seeking exemption from filing originals, clear copies and documents with proper marking)
8. Exemption is granted, subject to all just exceptions.
9. The Plaintiffs shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.
10. Accordingly, the application stands disposed of. I.A. No. 7861/2024(Seeking extension from filing the Court fee and undertaking to file the same)
11. Counsel for the Plaintiffs, states that court fee has been applied for, and undertakes to file the same as and when the court fee certificate is issued.
12. In view of the above, the application is disposed of with a direction that the Plaintiffs should furnish the deficient court fees within a period of two weeks from today.
CS(COMM) 293/2024 Page 2 of 12This 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 10/04/2024 at 23:38:47 CS(COMM) 293/2024
13. Let the plaint be registered as a suit.
14. Issue summons. Ms. Nidhi Raman, Advocate, accepts summons on behalf of Defendant No. 6. And 7. Mr. Madhav Khosla, advocate, accepts summons on behalf of Defendant No.2. They confirm the receipt of paper book and waive the right of formal service of summons. Written statement be filed within thirty days commencing today.
15. Upon filing of process fee, issue summons to Defendant No. 1, 3, 4 and 5 by all permissible modes. Summons shall state that the written statement(s) shall be filed by the said Defendants within 30 days from today. Along with the written statement, the said Defendants shall also file an affidavit of admission/denial of the documents of the Plaintiffs, without which the written statement(s) shall not be taken on record.
16. Liberty is given to the Plaintiffs to file a 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 Plaintiff, 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.
17. List before the Joint Registrar for marking of exhibits on 9th July, 2024. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.
18. List before Court for framing of issues thereafter.
12023 SCC OnLine SC 1382.
CS(COMM) 293/2024 Page 3 of 12This 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 10/04/2024 at 23:38:48 I.A. No. 7856/2024(Under Order XXXIX Rules 1 and 2 read with Section 151 of Code of Civil Procedure, 1908 (CPC), seeking ad-interim injunction)
19. The Plaintiffs have filed the instant suit seeking inter-alia permanent injunction restraining Defendant No.1 from using the marks "DREAM11"
" " " " ("Impugned marks") on the ground of infringement and passing off of Plaintiffs' marks and copyright.
20. Mr. Prithvi Singh, counsel for Plaintiffs, submits as follows:
20.1 Plaintiff No.1 is a platform for a number of online fatnasy sports leagues. 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 (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.
20.2 Plaintiff No. 1 is the registered proprietor of the following trademarks CS(COMM) 293/2024 Page 4 of 12 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 10/04/2024 at 23:38:48 in India:
Plaintiff No.2 is the registered proprietor of the following trademarks in India:
These marks are collectively referred to as the "Dream11 trademarks". 20.3. Plaintiff No. 2 is the registrant of the domain name 'dream11.com' and the said domain was registered on 17th March, 2008. The Plaintiffs' website www.dream11.com has a unique UI (User Interface) which is proprietary to and solely associated with the Plaintiffs. The Plaintiff owns copyright with CS(COMM) 293/2024 Page 5 of 12 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 10/04/2024 at 23:38:48 respect to the artistic work of its aforesaid website. 20.4. Additionally, the Plaintiffs also own and operate a mobile application 'Dream11'. As on date, the Plaintiffs' mobile and online platform have over 20 crore users, playing fantasy cricket football, hockey, kabaddi, baseball, handball and basketball, with more than 1,000 contests being organized on a daily basis.
20.5. Details of the awards and accolades received by the Plaintiffs and their promotion and marketing efforts are mentioned in paragraphs 16-19 of the instant application.
20.6. In March 2024, the Plaintiffs became aware of Defendant No. 1's Impugned channel- 'Dream11 office' on telegram, wherein Defendant No.1 is purporting himself as an employee/affiliate of the Plaintiffs; and is selling ranks of the contest hosted by the Plaintiffs. Since the Impugned channel was not publicly accessible, the Plaintiffs joined the channel from the following link:
CS(COMM) 293/2024 Page 6 of 12This 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 10/04/2024 at 23:38:48 20.7. Upon perusal of the contents of the Impugned channel, the Plaintiffs' officials noted that, Defendant No.1 is the administrator of the Impugned Channel and has been uploading, various videos and photos, wherein he falsely represents himself as an employee of 'Dream11' and claims to be an authorised employee of the Plaintiffs to sell ranks of contests organized by the Plaintiffs on their Dream11 platform. It is pertinent to mention that the Plaintiffs do not sell ranks for any of their contests. Defendant No.1 in the videos asks the subscribers of the Impugned Channel to call him on his numbers +91- 7379748607 and +91 7041508202 for booking ranks. Screen-
shots of the videos and photographs circulated in the Impugned channel is reproducing herein below:
CS(COMM) 293/2024 Page 7 of 12This 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 10/04/2024 at 23:38:48 20.8. Upon careful perusal of the contents of the Impugned channel and videos uploaded, it is revealed that Defendant No. 1 prominently displays a wallpaper/ backdrop featuring the Plaintiffs' marks "DREAM11", " "
and " " and repeatedly asserts that he is an employee of Dream11 and is shooting the said videos from the Dream 11's office. Further, Defendant No.1 has also circulated a fake ID card purporting himself to be CS(COMM) 293/2024 Page 8 of 12 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 10/04/2024 at 23:38:48 an employee of the Plaintiff and the said ID also mentions a fake email ID - '[email protected]'. Further, Defendant No.1 has put a lock on the Impugned Channel and therefore, the videos and photographs cannot be downloaded. The Plaintiffs have screen-recorded the videos and have filed the same along with the suit in a compact disk/pen drive. That apart, Defendant No.1 is also posting content on their website 'www.saurabhshuklaexp.com' using the Plaintiffs' trademark "Dream11".
20.9. That the malafide of Defendant No. 1 is apparent from a perusal of the Impugned channel and the contents thereof, wherein time and again Defendant No. 1 asserts his association with the Plaintiffs. Defendant No.1 has also replicated the colour scheme of red and white and the look and feel of the Dream 11 trademarks to show his association with the Plaintiffs. Thus, the conduct of Defendant No. 1 is ex facie fraudulent as has been demonstrated hereinabove.
20.10. Considering the ongoing IPL season - 2024 and the significant risk of public deception and fraud, an order restraining the illicit and illegal activities of Defendant No. 1 is necessary. The Channel comprises over 3,000 subscribers and owing to the Plaintiffs' goodwill and reputation, the Plaintiffs apprehends that present and future subscribers of the Impugned channel will be misled into believing that the Defendant No. 1 is associated/affiliated with the Plaintiffs and the services provided by him are in furtherance of Plaintiffs' services.
21. The Court has considered the aforenoted contentions. Mr. Singh has demonstrated a prima facie case of trademark infringement and passing off of their Dream11 trademarks. As detailed in the Plaint, the mala fide of Defendant No. 1 is apparent from its Telegram channel/Impugned channel, CS(COMM) 293/2024 Page 9 of 12 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 10/04/2024 at 23:38:48 where it is using marks deceptively similar to the Plaintiffs' registered trademarks. On a prima facie view, Defendant No.1 is found to be duping innocent members of the public by taking their money on the false pretext of offering ranks on the Plaintiffs' platfrom-Dream11. Such use of the Plaintiffs' marks, as can be seen from the screenshots above, is bound to cause consumer confusion and association with Plaintiffs.
22. In view of the above, the Court finds that Plaintiffs have made out a prima facie case in its favour and in case no ex-parte ad-interim injunction is granted Plaintiffs will suffer an irreparable loss; balance of convenience also lies in favour of the Plaintiffs and against Defendant No.1. Directions
23. Issue Notice. Mr Madhav Khosla, advocate, accepts notice on behalf of Defendant No.2 Ms. Nidhi Raman, advocate, accepts notice on behalf of Defendant No. 6 and 7.
24. Till the next date of hearing, Defendant No.1 or anyone acting on their behalf, is restrained from directly or indirectly using the marks "DREAM11, " " " ", telegram channel-'dream11office.com' or any other mark, deceptively similar to the Plaintiffs' Dream11 trademarks, in any manner whatsover, amounting to infringement and passing off.
25. Mr. Khosla, counsel for Defendant No. 2- Telegram FZ-LLC, on whose platfrom the Impugned channel was created and is running, states that immediately after receiving the advance service of the suit paper book, they have taken steps to take down Impugned channel. Nonetheless, Defendant No.2(Telegram FZ-LLC') is directed to:
i) Suspend/block the Telegram Channel - 'Dream11 Office' and CS(COMM) 293/2024 Page 10 of 12 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 10/04/2024 at 23:38:48 disclose the KYC details of the owner/ Administrator of the said Telegram Channel in a sealed cover before this court.
ii) In the event the Plaintiffs come across any other channels created by Defendant No.1, which use the infringing marks "DREAM11"
" " or " ", the same shall be identified and all relevant screenshots and documents may be intimated to Defendant No.2 herein, who shall then take appropriate steps to block them, in accordance with law. However, in case Defendant No. 2 comes to the conclusion that the same are not identical to the infringing marks which are injuncted, they shall inform the Plaintiff of the same, within a period of three days from the date of receipt of the request, whereafter Plaintiffs shall be free to take recourse to appropriate measures available under law
26. Defendant No. 3 (Namecheap, Inc.) the domain name registrar, is directed to block/ suspend the domain name- www.saurabhshuklaexp.com and file the KYC details pertaining to registrant of the said domain in a sealed cover before this Court.
27. Defendant No.4 (Vodafone Idea Ltd.) shall:
i) termporarily block the phone number +91 7379748607 of Defendant No.1
ii) disclose and file the complete KYC documents of the registrant/owner of the said phone number in sealed cover before this Court.
28. Defendant No.5 (Bharti Airtel Ltd.) is directed to-
i) termporarily block the phone number +91 7041508202 of CS(COMM) 293/2024 Page 11 of 12 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 10/04/2024 at 23:38:48 Defendant No.1
ii) disclose and file the complete KYC documents of the registrant/owner of the said phone number in a sealed cover before this Court.
29. Defendant Nos. 6 (Department of Telecommunications) and 7 (Minsitry of Electronics and Information Technology) is directed to issue necessary notification to all telecom and internet service providers to suspend access to the website saurabhshuklaexp.com
30. Upon filing of process fee, issue notice to Defendant No. 1, by all permissible modes, returnable on the next date of hearing.
31. Compliance of Order XXXIX Rule 3 of CPC be done with one week from today.
32. List before the Court on 10th September, 2024.
SANJEEV NARULA, J APRIL 8, 2024 da CS(COMM) 293/2024 Page 12 of 12 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 10/04/2024 at 23:38:48