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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Pronounced on: 31^st January, 2022

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CS(COMM) 331/2021

MOONSHINE TECHNOLOGY PRIVATE LIMITED ..... Plaintiff

Through:

Mr. Chander M. Lall, Senior

Advocate with Ms. Ananya Chug,

Mr. Subhash Bhutoria & Mr. Amit

Panigrahi, Advocates

versus

TICTOK SKILL GAMES PRIVATE LIMITED & ORS.

....Defendants

Through:

Mr. Abhishek Malhotra, Ms.

Shilpa Gamnani and Ms. Sanya

Sehgal Advocates

CORAM:

HON'BLE MS. JUSTICE ASHA MENON

O R D E R

I.A. 8678/2021 (by the plaintiff under Order XXXIX Rules 1 & 2

read with Section 151 CPC seeking ex-parte ad-interim injunction

against the defendants)

1.

The suit has been filed seeking perpetual and mandatory injunction

restraining the defendants from infringement of plaintiff‟s registered

trademarks, passing off, unfair practices, etc., along with costs, damages,

delivery up, etc.

2.

The plaintiff claims to be a part of the Baazi Group of Companies

(for short, “Baazi Group”) and claims to be a leading and pioneering

name in the Indian gaming industry. It is stated to have been established

in the year 2014. Over a period of time the Baazi Group has been offering

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/000353

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quality gaming products and experiences to its customers under the

branding and registered trademarks inter alia BAAZI, BAAZI GAMES,

POKER BAAZI, RUMMYBAAZI, BALLEBAAZI, BAAZI MOBILE

GAMING, etc. and it has received customer recognition and approval for

these gaming services. It has also attained worldwide popularity and

reputation. The plaintiff claims that the plaintiff had honestly and

originally adopted “Baazi” as its trademark, registering several variations

between 2014 and 2020 which were still valid, which had become the

trading identity, corporate name and domain names of the “Baazi Group”.

3.

The plaintiff has filed registration certificates issued by the

Trademarks Registry in respect of the trademarks that have been placed

in the documents filed by the plaintiff from pages 6 to 44 of the E-file,

and the details thereof have been set out in a tabular form as under: -

S.

No.

TMA No.

& date of

registration

Trademark

Class

Goods description

1. 3623471

30.08.2017

BAAZI

(Word)

41 Organizing competitions and

sporting events, arranging, and

conducting

seminars,

conferences etc., showcasing

and broadcasting, production

of

radio

and

television

programmes,

education,

providing

of

training,

entertainment, all relating to

sports and gaming. On-line

gaming

services,

gaming

machine

entertainment

services, gaming services for

entertainment purpose, gaming

services, on-line information in

the

field

of

gaming

entertainment

2. 3623470

BAAZI

9

Mobile

App,

Mobile

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/000353

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30.08.2017

(Word)

application software, Computer

software development tools;

Computer software for use as

an application programming

interface (API); Downloadable

e-commerce computer software

to allow users to perform

electronic

business

transactions;

Software

for

sending

electronic

message

alerts and reminders via the

Internet;

Downloadable

computer

software

for

modifying the appearance and

enabling

transmission

of

images, audio visual and video

content; Computer software for

the

collection,

editing,

organizing,

modifying,

transmission,

storage

and

sharing of

data

and

information;

Computer

search

engine

software.

3. 3989059

31.10.2018

BAAZI GAMES

(Word)

28 Games and playthings,

gymnastic and sporting articles.

4. 13989060

31.10.2018

BAAZI GAMES

(Word)

41 On-line

gaming

services,

gaming

services

for

entertainment purpose, gaming

services, on-line information in

the

field

of

gaming

entertainment;

sporting

and

cultural

activities;

Software

including software for games;

computer programs

and d