ORDER

% 08.01.2024 I.A. 423/2024 (Exemption from pre-institution mediation)

1. Having regard to the facts of the present case and in light of the judgement of the Division Bench of this Court in Chandra Kishore Chaurasia v. R.A. Perfumery Works Private Ltd., FAO (COMM) 128/2021, exemption from attempting pre institution mediation is allowed.

2. Accordingly, the application stands disposed of.

I.A. 424/2024 (Leave to file additional documents)

1. The present application has been filed on behalf of the plaintiff under Order 11 Rule 1(4) of the Code of Civil Procedure, 1908 (“CPC”) as applicable to commercial suits under the Commercial Courts Act, 2015 seeking to place on record additional documents.

2. The plaintiff, if it wishes to file additional documents at a later stage, shall do so strictly as per the provisions of the Commercial Courts Act, 2015 and the Delhi High Court (Original Side) Rules, 2018.

3. Accordingly, the present application is disposed of.

I.A. 425/2024 (Exemption from filing original and clear copies)

1. Exemption is granted, subject to all just exceptions.

2. Applicant shall file legible, clear, and original copies of the documents on which the applicant may seek to place reliance within four weeks from today or before the next date of hearing, whichever is earlier.

3. Accordingly, the present application is disposed of.

I.A. 426/2024 (Court fees)

1. Counsel for the plaintiffs states that they shall deposit court fees within a week. It is made clear that no further extension will be granted.

2. Accordingly, the application is disposed of, with the aforesaid terms.

CS(COMM) 21/2024

1. Let the plaint be registered as a suit.

2. Upon filing of process fee, issue summons to the defendants by all permissible modes. Summons shall state that the written statement(s) be filed by the defendants within 30 days from the date of receipt of summons. Along with the written statement(s), the defendants shall also file affidavit(s) of admission/denial of the documents of the plaintiffs, without which the written statement shall not be taken on record. Liberty is given to the plaintiffs to file a replication within 30 days of the receipt of the written statement(s). Along with the replication, if any, filed by the plaintiffs, affidavit(s) of admission/denial of documents filed by the defendants, be filed by the plaintiffs, without which the replication(s) 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.

3. List before the Joint Registrar for marking of exhibits on 11th March,

2024.

4. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.

5. List before Court for framing of issues thereafter.

I.A. 422/2024 (Application under Order XXXIX Rule 1 & 2 read with Section 151 of the CPC, 1908)

1. The present suit has been filed by the plaintiff in relation to their registered trademarks (“said marks”) as mentioned below:

2. The defendant No.2 is the domain name registrant of the website ‘www.dream11lotery.com’ and is using the plainitff’s said marks as part of their domain name (“infringing website”)

3. The plaintiffs launched its hugely popular fantasy sports platform under the trademark Dream11 in 2012. Thereafter, and until the present date, the plaintiffs have 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 League (ISL) and T20 Mumbai. The plaintiff has also acquired Official partner rights of Board of Control for Cricket in India (BCCI), international and domestic matches since 2019. The plaintiff claims that defendant No.1 i