Disposed

Sporta Technologies Pvt. Ltd. and Anr. v. Roberta Gaming Pvt. Ltd. and Anr.

Delhi HC15 Apr 2024CS(COMM)/560/2021

Case brief

AI extract

What is this about?

Trademark infringement suit over mark 'Fandream 11' against plaintiff's 'DREAM11'. Defendant no.1 did not contest, stating domains were registered by a third party. Plaintiff waived costs and damages. Suit decreed in terms of prayers para 39(a) and (b) and disposed of.

What did the court decide?

Suit decreed in terms of prayer para 39(a) & (b): permanent injunction against use of 'Fandream 11' or deceptively similar marks; no costs or damages pressed.

Sporta Technologies Pvt. Ltd. and Anr. Vs Roberta Gaming… — Intellectual Property | Delhi HC (2024)

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$~16

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CS(COMM) 560/2021

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SPORTA TECHNOLOGIES PVT. LTD AND ANR. ..... Plaintiffs Through: Mr. Prithvi Singh, Mr. Rohan Krishna Seth & Ms. Shilpi Sinha, Advs.

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versus

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ROBERTA GAMING PVT LTD AND ANR. ..... Defendants Through: Mr. Nishant Sharma, Mr. Kuldeep Jawhar, Mr. Anubhav Tyagi and Mr. A. Aggarwal, Advocates for D-1.

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CORAM: HON'BLE MR. JUSTICE ANISH DAYAL O R D E R

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% 15.04.2024

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An ex parte ad interim injunction was passed in favour of plaintiff by this Court on 10^th November, 2021 in the following terms:

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“

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This is a digitally signed order.

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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 23/04/2024 at 11:42:36

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”

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An injunction had been passed in context of the facts as have been narrated by the Court in its order dated 10^th November, 2021 in paras 13 & 14 and which are reproduced as under: -

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This is a digitally signed order.

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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 23/04/2024 at 11:42:36

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This is a digitally signed order.

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

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The Order is downloaded from the DHC Server on 23/04/2024 at 11:42:36

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This is a digitally signed order.

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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 23/04/2024 at 11:42:36

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Subsequently, counsel for defendant no.1 has appeared. It is stated by counsel for defendant no.1 that they do not wish to contest the suit considering that the domains were registered at the behest of a company called Provenance Digital for which they were working, using their identification and their credit cards and has nothing to do with the said impugned domain names.

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Counsel for plaintiff states that in view of submissions made by counsel for defendant no.1, they will not press for cost and damages against the defendants and therefore, a decree may be passed accordingly.

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Submissions made by counsel for defendant, would at best be an internal issue between defendant no.1 and Provenance Digital which is not a party before this Court. The issue in the said suit however relates to a decree of permanent injunction against the defendants from using the mark ‘Fandream 11’ or any deceptively similar mark to that of the plaintiff’s mark ‘DREAM11’.

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This is a digitally signed order.

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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 23/04/2024 at 11:42:36

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In view of the submissions made by counsel, the suit be decreed in terms of prayer contained in para 39 (a) & (b):

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Decree sheet be drawn up accordingly.

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The suit is disposed of in the above terms.

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Pending applications if any, are also rendered infructuous.

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Order be uploaded on the website of this Court.

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ANISH DAYAL, J

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APRIL 15, 2024/RK/ig

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This is a digitally signed order.

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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 23/04/2024 at 11:42:36

Sporta Technologies Pvt. Ltd. and Anr. v. Roberta Gaming Pvt. Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

Sporta Technologies Pvt. Ltd. and Anr. v. Roberta Gaming Pvt. Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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