ASHA MENON
Moonshine Technology Private Limited – Appellant
Versus
Tictok Skill Games Private Limited – Respondent
ORDER
I.A. 8678/2021 (by the plaintiff under Order XXXIX Rules 1 & 2 read with Section 151 CPC seeking ex-parte ad-interim injunction against the defendants)
1. The suit has been filed seeking perpetual and mandatory injunction restraining the defendants from infringement of plaintiffs registered trademarks, passing off, unfair practices, etc., along with costs, damages, delivery up, etc.
2. The plaintiff claims to be a part of the Baazi Group of Companies (for short, "Baazi Group") and claims to be a leading and pioneering name in the Indian gaming industry. It is stated to have been established in the year 2014. Over a period of time the Baazi Group has been offering quality gaming products and experiences to its customers under the branding and registered trademarks inter alia BAAZI, BAAZI GAMES, POKER BAAZI, RUMMYBAAZI, BALLEBAAZI, BAAZI MOBILE GAMING, etc. and it has received customer recognition and approval for these gaming services. It has also attained worldwide popularity and reputation. The plaintiff claims that the plaintiff had honestly and originally adopted "Baazi" as its trademark, registering several variations between 2014 and 2020 which were still valid, which had b
The main legal point established in the judgment is that the plaintiff's exclusive rights to use the trademarks were upheld, and the defendants' use of 'Baazi' was found to be infringing and passing ....
The court emphasized likelihood of consumer confusion in trademark law, holding that similar marks can infringe established trademarks regardless of differences in service or field, thus supporting t....
The court affirmed the registered trademark holder's rights against similar marks and clarified standards for proving prior use and confusion under trademark law.
The registration of a trademark confers statutory rights on the proprietor, enabling them to sue for infringement, irrespective of whether or not the mark is used. Deceptive similarity and lack of bo....
Important Point :The use of a trademark that is phonetically and visually similar to a registered trademark can lead to confusion, constituting infringement, especially when dishonest conduct is evid....
Trademark infringement under Section 29(2)(b) of the Trade Marks Act was established based on the likelihood of confusion among consumers due to the defendants' use of a mark similar to the plaintiff....
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