SPORTA TECHNOLOGIES PVT. LTD. Vs. VIRAT SAXENA

JUDGEMENT

(1.) The present suit has been filed seeking a decree of permanent injunction restraining the defendant, its proprietor, employees, partners, representatives and/or others acting for and on their behalf from using the mark 'Dream11' or any deceptively similar variant thereof, as a trade mark, trade name or domain name www.dream11.bet or on social media, email addresses or in any other manner, which amounts to the infringement of and/or passing off the plaintiffs' trade marks as listed in the plaint, such as 'Dream11/ / / / ' (hereinafter referred to as 'Dream11 Marks'). FACTUAL BACKGROUND

(2.) The plaintiff no. 1 is a private limited company incorporated on 21/6/2007 and later underwent a change of name from 'Adwaiya Realtors Private Limited' to 'Dream11 Fantasy Private Limited' in the year 2013. The plaintiff no. 2 is a company incorporated under the laws of the State of Delaware, the United States of America. The plaintiff no. 1 is a wholly-owned subsidiary of the plaintiff no. 2.

(3.) The plaintiffs' fantasy sports platform under the trade mark/trade name 'Dream11' (adopted in the year 2012), is an online multi-player game where the participants draft imaginary and virtual teams of real players of a professional sport. The teams so drafted get points based on the performance of the players in actual games, where the underlying real-world games provide statistics for the virtual teams so created and the players earn points based on these statistics. The top teams of each contest are rewarded monetarily from a Prize Pool, where the amount won can be withdrawn by a participant from their verified Bank Account, subject to the submission of their Permanent Account Number and its due verification.