High Court of DelhiCS(COMM)/141/2022

Sporta Technologies Pvt. Ltd. And ANR. v. Dream7 Entertainment Private Limited And ANR.

2024-04-22Hon'Ble Mr. Justice Anish Dayal8 pages

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 141/2022 & I.A. 7065/2023 SPORTA TECHNOLOGIES PVT. LTD. AND ANR. ..... Plaintiffs Through:

Mr. Rohan Krishna Seth, Adv.

versus DREAM7 ENTERTAINMENT PRIVATE LIMITED AND ANR. ..... Defendants Through:

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 22.04.2024 I.A. 7065/2023 1.

Pursuant to the previous order dated 13th February, 2024, Mr. Sunil Kumar Ojha, counsel appears for defendants and states that he has no instructions on behalf of defendants and seeks to be discharged from the matter.

Accordingly, Mr. Sunil Kumar Ojha, Advocate is discharged from the matter.

Defendants' right to file the written statement was closed by order dated 26th August, 2022. An ex parte ad-interim injunction was granted in favour of plaintiffs vide order dated 04th March, 2022 in the following terms extracted The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

as under:

The said order was made absolute by order dated 30th August, 2022. 4.

In these circumstances, this application under Order XIII-A of Civil Code of Procedure, 1908 ("CPC") has been moved seeking summary judgment.

The facts and circumstances on which the earlier injunction order was premised has been narrated in paras 12-16 of the order dated 04th March, 2022, which is reproduced hereunder:

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Considering that there is no rebuttal by defendants, the said averments in the plaint are being, therefore, considered. 7.

Plaintiffs are registered trademark owners of the following marks: The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Plaintiffs' rights in the trademark 'DREAM11' have been upheld by this Court in previous matters, which are as under: 9.

The grievance was against defendants operating under the name 'Dream7 Entertainment Private Limited'. In December 2021, during a routine search, plaintiffs came across trademark applications in the name of defendant no.2 in Class 41 for the mark 'DREAM7' on a 'proposed to be used' basis. 10.

Counsel for plaintiffs states that the said trademark has not been accepted by the Trademark Registry and has not been published as yet. 11.

Defendant no.1 is the owner and the operator of the website 'www.gameking11.com' and has the similar look and feel to that of plaintiffs' site as represented in the pictures below:

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

12.

The suit was filed in these circumstances.

13.

Accordingly, plaintiffs are entitled to a decree in terms of para 38 (a) to (d), which is extracted as under:

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

14.

Additionally, counsel for plaintiffs seek costs in their favour, in context of the fact that they had moved a cease-and-desist notice prior to the filing of the suit, which was not responded to. It is also noted that defendants have since chosen not to appear and not filed a response to the said plaint. 15.

Accordingly, costs in favour of plaintiffs to the extent of Rs.2 Lacs are directed.

16.

Decree-sheet be drawn up accordingly, in terms of the abovesaid directions.

17.

Suit is accordingly, disposed of. Pending applications, if any, also stand disposed of, as being rendered infructuous.

18.

Order be uploaded on the website of this Court. ANISH DAYAL, J APRIL 22, 2024/MK/na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.