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NAVIN CHAWLA
Sporta Technologies Pvt. Ltd. – Appellant
Versus
Virat Saxena – Respondent
JUDGMENT :
1. The present suit has been filed seeking a decree of permanent injunction restraining the defendant, its proprietor, employees, partners, representatives and/or others acting for and on their behalf from using the mark ‘Dream11’ or any deceptively similar variant thereof, as a trade mark, trade name or domain name www.dream11.bet or on social media, email addresses or in any other manner, which amounts to the infringement of and/or passing off the plaintiffs’ trade marks as listed in the plaint, such as ‘Dream11/
(hereinafter referred to as ‘Dream11 Marks’).
FACTUAL BACKGROUND
2. The plaintiff no. 1 is a private limited company incorporated on 21.06.2007 and later underwent a change of name from ‘Adwaiya Realtors Private Limited’ to ‘Dream11 Fantasy Private Limited’ in the year 2013. The plaintiff no. 2 is a company incorporated under the laws of the State of Delaware, the United States of America. The plaintiff no. 1 is a wholly-owned subsidiary of the plaintiff no. 2.
3. The plaintiffs’ fantasy sports platform under the trade mark/trade name ‘Dream11’ (adopted in the year 2012), is an online multi-player game where the participants draft imaginary and virtual teams of rea
Rule 3 of Order XIIIA, CPC, as applicable to commercial disputes.
The main legal point established in the judgment is that the Defendant's use of a deceptively similar mark to the Plaintiff's registered trademark amounted to trademark infringement and passing off, ....
Right of a proprietor in a domain name is entitled to equal protection, applying principles of trade mark law.
The court affirmed the plaintiffs' rights against infringement and passing off, validating their trademarks through established goodwill and allowing for summary judgment due to the defendant's non-a....
The court established that the unauthorized use of identical trademarks constitutes infringement and passing off, justifying a permanent injunction and awarding damages to the rightful trademark owne....
Trademark infringement occurs when a defendant uses an identical or deceptively similar mark causing confusion to consumers. The plaintiff establishes exclusive rights through registration and extens....
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