JUDGMENT

AMIT BANSAL, J. (Oral)

I.A. 4439/2022 (O-XXXIX R-1 & 2 of the CPC)

1. The present application has been filed on behalf of the plaintiff under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC) seeking to restrain the defendants from displaying any warning against the use of the gaming platform/application ‘WinZO Games’ of the plaintiff on theAndroid Operating System/s.

2. Notice was issued in the application on 22^nd March, 2022 and reply thereto has subsequently been filed on behalf of the defendant no.1. Plaintiff has also filed a rejoinder to the reply filed by the defendant no.1.

3. Arguments in the application were heard on 8^th February, 2022 and both sides have filed a brief note of their submissions.

FACTUALMATRIX

4. The case set up by the plaintiff is as under:

4.1 The plaintiff is a digital gaming and technology company that operates an online digital gaming platform/application under the marks ‘WinZO’/ ‘WinZO Games’.

4.2 The plaintiff has registrations/has applied for registrations in respect of the marks WinZO’ and ‘WinZO Games’ in Classes 38, 41 and 42, details of which are given in paragraph 5 of the plaint.

4.3 The plaintiff enjoys considerable goodwil