CS(COMM) 244/2022 Page 1 of 88

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CS(COMM) 244/2022

HULM ENTERTAINMENT PVT. LTD.

& ORS.

..... Plaintiffs

Through:

Mr.

Sandeep

Sethi,

Senior

Advocate with Mr. Sudeep Chatterjee,

Mr. Tejveer Bhatia, Mr. Rohan Swarup and

Mr. Kiratraj Sadana, Advocates

versus

FANTASY SPORTS MYFAB11 PVT. LTD.

& ORS.

..... Defendants

Through: Mr. Akhil Sibal, Senior Advocate

with Mr. Ankur Sangal, Mr. Sucheta Roy,

Ms. Asavari Jain and Mr. Raghu Sinha,

Advocates for D-1.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

JUDGMENT

JYOTI SINGH, J.

I.A. 5896/2022 (under Order XXXIX Rules 1 and 2 CPC, by

Plaintiffs) and I.A. 6308/2022 (under Order XXXIX Rule 4 CPC, by

Defendant No.1)

1.

This judgment will dispose two applications, one under Order

XXXIX Rules 1 and 2 CPC filed by the Plaintiffs and the other under

Order XXXIX Rule 4 CPC preferred by Defendant No. 1, seeking

vacation of ex parte ad interim injunction granted vide order dated

13.04.2022, restraining the Defendants inter alia from making

available for downloads or in any manner unauthorizedly using

Plaintiffs’ copyrighted work through MYFAB11 App or any other

Signed By:KAMAL KUMAR

Signing Date:18.10.2023

14:13:54

Signature Not Verified

CS(COMM) 244/2022 Page 2 of 88

similar App using the impugned application or computer programme

so as to result in infringement of Plaintiffs’ copyrighted works. Vide

order dated 13.04.2022, this Court had granted ex parte ad interim

injunction in favour of the Plaintiffs’ and the operative part of the

order is as follows:

of infringement of the Plaintiffs’ copyright.

Signed By:KAMAL KUMAR

Signing Date:18.10.2023

14:13:54

Signature Not Verified

CS(COMM) 244/2022 Page 3 of 88

2.

Thereafter, an application was filed by Defendant No.1 seeking

vacation of the ex parte injunction order in which notice was issued on

25.04.2022 and upon a statement made on behalf of Defendant No.1

that without prejudice to its rights and contentions it had removed the

stock feature, directions issued to Defendants No.6, 4 and 5 in

paragraphs 36 to 38 respectively, vide order dated 13.04.2022 were

suspended till the next date.

3.

I.A. 5896/2022 has been filed by the Plaintiffs seeking

injunction against Defendants No.1, 2 and 3 (hereinafter referred to as

‘Defendants’) predicated on their claim that Plaintiffs are developers

and operators of the unique Fantasy Sports Mobile Application

EXCHANGE22 which incorporates features of Fantasy Sports League

and Stock Market. Plaintiff No.1 has been recognized as a start up by

Start Up India, an initiative under the Government of India, which

assists entrepreneur platforms to network, access free tools and

resources and participate in programs and challenges. Plaintiff No. 2

first came up with the unique idea of integrating the features of a

Fantasy Sports League and Stock Market in the year 2010. Over the

years, Plaintiffs No. 2 and 3, with hard work and toil, developed their

idea into a tangible form and finally launched beta version of their

Signed By:KAMAL KUMAR

Signing Date:18.10.2023

14:13:54

Signature Not Verified

CS(COMM) 244/2022 Page 4 of 88

application in August, 2019 to test the mobile app on the website

https://exchange22.com/. Plaintiff No. 1 Company was incorporated

on 16.09.2019 and on 21.11.2019, EXCHANGE22 mobile App was

officially launched.

4.

As described in the plaint, fantasy sports are played online and

the general way to play is that a user creates a virtual team of his own,

depending upon his own analysis of the performance