The case involves a dispute between Sporta Technologies Pvt. Ltd. and
Unfading OPC Private Limited over trademark infringement. Sporta Technologies, a
well-known fantasy sports platform, claimed that Unfading was using the domain
name www.sattadream11.com and a similar logo, offering sports betting services
that infringed upon Sporta Technologies' trademark "Dream11." Sporta
Technologies obtained an ex parte ad-interim injunction from the court, and
despite several attempts, Unfading did not appear in court.
Court: High Court of Delhi
Jurisdiction: New Delhi
Date of Decision: July 7, 2023
Sporta Technologies obtained an ex parte ad-interim injunction on April 1, 2022.
The court ordered GoDaddy.com LLC to suspend access to the domain name
www.sattadream11.com. Unfading was served through email and speed post but did
not file a written statement. Consequently, the court proceeded against Unfading
ex parte. The court made the interim injunction absolute and decreed the suit in
favor of Sporta Technologies.
Rules of Law:
- Whether Unfading's use of the domain name and logo constituted trademark
- Whether the ex parte ad-interim injunction should be made absolute.
Analysis and Reasoning:
- The use of identical or similar domain names and logos may result in
trademark infringement and passing off.
- In the absence of a filed written statement, the court may proceed ex
parte and make the interim injunction absolute.
The court analyzed the evidence provided by Sporta Technologies, including the
similarities between the domain names and logos used by Unfading and Sporta
Technologies' trademarks. The court observed that the marks "Dream11" and
"sattadream11" were similar and likely to cause confusion among customers,
especially on the internet. The court referred to previous orders of protection
granted to Sporta Technologies in similar cases and found the infringement and
passing off allegations to be substantiated.
Holding and Decision:
The court proceeded ex parte against Unfading, as it failed to appear despite
being served. The court made the ex parte ad-interim injunction absolute,
decreeing a permanent injunction restraining Unfading from using the mark "Satta
Dream 11" or any deceptively similar variant. The court directed GoDaddy.com LLC
to transfer the domain name www.sattadream11.com to Sporta Technologies.
Implications and Significance:
The court's decision reaffirms the protection of trademarks and the prevention
of passing off in cases involving similar domain names and logos. It emphasizes
the importance of defending intellectual property rights and the consequences of
non-compliance with court procedures.
The High Court of Delhi decreed the suit in favor of Sporta Technologies and
made the ex parte ad-interim injunction absolute. The court granted a permanent
injunction against Unfading and directed the transfer of the domain name
www.sattadream11.com to Sporta Technologies. The decision highlights the court's
commitment to protecting trademarks and preventing passing off in the digital