Trademark infringement of ‘DREAM 11’
BRIEF INTRODUCTION OF THE PLAINTIFF
The plaintiffs provide online fantasy sports leagues through their website www.dream11.com whereby participants have the discretion of making their teams and playing accordingly. The winners get rewarded monetarily on behalf of the plaintiff company.
ALLEGATION PUT FORTH BY THE PLAINTIFF
The plaintiffs alleged the defendant for infringing their trademark and trade name ‘DREAM 11’. The defendants are using the name ‘EDREAM 11’, which is almost similar to the trade name that the plaintiff uses. The plaintiff further alleges that the defendant is providing the same service and demanding charges for the same.
The defendant also operates various social media accounts using the impugned mark. The plaintiff alleges that the defendants have merely affixed the alphabet ”E” to the plaintiff’s registered trademark ‘DREAM 11’ and provide services identical to the plaintiffs. The plaintiff also prayed for certain reliefs from the Hon’ble Court, which included a decree of permanent injunction, an order for the rendition of accounts of profits earned by the defendant by way of the impugned trademark use, a decree for the sum of INR 2,00,01,000 and an order for costs of the present proceedings.
COURT’s DIRECTION
The court directed an immediate injunction and restrained the defendant from using the domain name and promoting its gaming services until the next hearing.
DEFENDANT DID NOT CONTEST THE SUIT
However, the defendant did not turn up for the court hearings despite getting informed time and again by the plaintiffs. The counsel on behalf of the plaintiff demanded a permanent injunction and did not ask for any other relief since the defendant’s website got already blocked by the court’s direction.
THE FINAL STATUS OF THE SUIT-
The Hon’ble court decreed the suit favoring the plaintiff as the arguments and documents were relevant. The plaintiffs got the entitlement to the actual costs of the suit, including court and the counsel’s fee. The defendant got restrained from using the impugned mark ‘EDREAM 11’, as part of its corporate name, trade name, domain name, or website.
Reference: Sporta Technologies Pvt. Ltd v/s GHD Sports and Others CS(COMM) 400/2021
Author: Shreyasi Nath, student at KIIT School of Law
Disclaimer: This brief is intended to provide general guidance to the subject matter. It does not contain legal advice. For any specific advice/corrections, write to [email protected]
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