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.

ORDER

[VIA HYBRID MODE]

I.A. 14562/2021 (for exemption from filing originals, clear copies and documents with proper margins)

1. The Plaintiffs shall file better copies of the exempted documents, compliant with the practice rules, before the next date of hearing.

2. The application stands disposed of.

I.A. 14561/2021 (under Section 12A of the COMMERCIAL COURTS ACT , 2015 read with Section 151 of the Code of Civil Procedure, 1908 seeking exemption from attempting pre-institution mediation)

3. Having regard to the facts of the present case, exemption from attempting pre-institution mediation is allowed.

4. The application stands disposed of.

I.A. 14560/2021 (under Order XI Rule 1(4) read with Section 151 of CPC, 1908, seeking leave to file additional documents)

5. This is an application seeking leave to file additional documents under the COMMERCIAL COURTS ACT , 2015.

6. The Plaintiffs, if they wish to file additional documents at a later stage, shall do so strictly in compliance with the provisions of the COMMERCIAL COURTS ACT , 2015.

7. Accordingly, the application stands disposed of.

CS(COMM) 560/2021

8. Let the plaint be registered as a suit.

9. Upon filing of process fee, issue summons to the Defendants by all permissible modes. The Summons shall state that the written statement shall be filed by the Defendants within 30 days from the date of receipt of summons. Along with the written statement, the Defendants shall also file an affidavit of admission/denial of the documents of the Plaintiffs, without which the written statement shall not be taken on record.

10. Liberty is given to the Plaintiffs to file a replication within 15 days of the receipt of the written statement. Along with the replication, if any, filed by the Plaintiffs, an affidavit of admission/denial of documents of the Defendants, be filed by the Plaintiffs, without which the replication shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.

11. List before the Joint Registrar for marking of exhibits on 10th January, 2022. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.

12. List before the Court on 21st March, 2022 for framing of issues thereafter.

I.A. 14559/2021 (under Order XXXIX Rule 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908)

13. The Plaintiffs have filed the accompanying suit seeking a permanent injunction restraining the infringement of its registered trademarks, passing off, rendition of accounts, damages, delivery up, etc. The case of the Plaintiffs, as set out in the Plaint, is as follows:

i. Plaintiff No. 1 - Sporta Technologies Pvt. Ltd. - is an Indian company engaged in the business of an online fantasy sports platform under the name `Dream11' since 2012. Plaintiff No.1 is a wholly owned subsidiary of Plaintiff No. 2 - Dream Sports Inc. - which is a U.S. based company.

ii. Plaintiff No. 1 is the registrant of the domain name `www.dream11.com' since 2008, and launched its online gaming platform Dream11 in 2012.

iii. Plaintiff has been the official fantasy sports partner of the International Council of Cricket (ICC), The Campeonato Nacional de Liga de Premiera Division (La Liga), Vivo Indian Premier League (IPL), KFC Big Bash League (BBL), Hero Caribbean Premier League (CPL) T20, National Basketball Association (NBA), Vivo Pro Kabaddi League (PKL), International Hockey Federation (FIH), Hero Indian Super Le