SPORTA TECHNOLOGIES PVT. LTD. & ANR. versus VIRAT SAXENA  CS(COMM) 59/2020 & I.A.1688/2020

SPORTA TECHNOLOGIES PVT. LTD. & ANR. versus VIRAT SAXENA CS(COMM) 59/2020 & I.A.1688/2020

The Delhi High Court vide an order dated November 25, 2022 held that the domain name adopted by the defendant, that is, www.dream11.bet is deceptively similar to that of the plaintiff’s trade mark/trade name ‘Dream11’ (adopted in the year 2012), and is clearly intended to ride on the goodwill and reputation of the marks of the plaintiff. The Plaintiff is an online multi-player game where the participants draft imaginary and virtual teams of real players of a professional sport.

It has been held that the adoption of the domain name www.dream11.bet is a clear case of infringement of the marks of the plaintiff and amounts to passing off the services of the defendant as that of the plaintiff’s. The defendant not only intends to take unfair advantage of the marks of the plaintiff and ride on the reputation of the plaintiff’s marks, but also deceive unwary consumer of their association with the plaintiff. Such acts of the defendant would also lead to dilution of the plaintiff’s marks.