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PRATHIBA M. SINGH
Sporta Technologies Pvt. Ltd. – Appellant
Versus
Unfading Opc Private Limited – Respondent
JUDGMENT
Prathiba M. Singh, J.(Oral)
I.A. 5072/2022
1. This hearing has been done through hybrid mode.
2. The Plaintiff No. 1-Sporta Technologies Pvt. Ltd. is a private limited company having its registered office at Mumbai, Maharashtra. Plaintiff No.2-Dream Sports Inc. is a company incorporated in the USA, and Plaintiff No.1 is a wholly owned subsidiary of Plaintiff No.2 (hereinafter, `the Plaintiffs').
3. It is averred that Plaintiffs are a well-known fantasy sports platform launched in 2012, and are the official fantasy sports partner of the International Council of Cricket (ICC), the Campeonato Nacional de Liga de Premiera Division (`La Liga'), Vivo Indian among others.
4. Additionally, it is averred that Plaintiff No. 2 is the registered proprietor of, inter alia, the trade mark `Dream 11' in a number of classes in India. It also registered the domain www.dream11.com on 17th March 2008.
5. Plaintiff No. 1 is the registered proprietor of the following trade marks in India:
| S. No. | Trademark | Number | Class | Date |
| 1. | [IMG] | 3802186 | 9, 16, 35, 41, 42 | 11th April, 2018 |
| 2. | [IMG] | 3660715 | 9, 16, 35, 41, 42 | 21st October, 2017 |
| 3. | [IMG] | 3660717 | 9, 16, 35, 41, 42 | 21st October, 2017 |
| 4. | [IMG] | 3660851 | 9, | |
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, ....
Rule 3 of Order XIIIA, CPC, as applicable to commercial disputes.
The court affirmed the rights of trademark owners against unauthorized use, ruling that failure to defend constitutes grounds for summary judgment.
Trademark infringement and passing off claims were established due to the unauthorized use of a competitor's trademark, justifying ex-parte injunction and domain suspension.
The court held that a well-known trademark, like `TATA`, is entitled to protection against any unauthorized use that may deceive the public, confirming jurisdiction over foreign entities where online....
A prior user of a trademark in a specific territory is entitled to seek relief against alleged infringement by a subsequent user, especially when consumer confusion and dilution of goodwill may occur....
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