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“Dream11” Trademark Infringement: HC Issues Permanent Injunction

In an order dated October 19, 2023, the Delhi High Court issued a permanent injunction restraining the defendants from using the mark “dreamz11” in infringement of the plaintiff’s trademark.[1]

The plaintiffs filed the present suit before the Delhi High Court, alleging that the mark adopted by the defendants, “dreamz11”, was deceptively similar to that of the plaintiffs. The similarity in domain names, arrangement of players on home pages, manner of downloading the games and applications, etc. was depicted through a series of screenshots.

As the defendants failed to file written statements, the Single Judge Bench of Justice C. Hari Shankar opined that the suit could be decreed without holding a trial. Based on the similarities between the marks, the identical services provided and the likelihood of confusion among consumers, the Court held that a case of trademark infringement was made out. Further, the triple identity test was applied. Noting that the plaintiffs’ website was copied in such a manner as to deceive consumers, the Court held that the same amounted to passing off.

Consequently, the Delhi High Court ruled in favour of the plaintiffs, and issued a permanent injunction restraining the defendants from “using the mark ‘dreamz11’ or any similar variant thereof, as a trade mark, trade name, domain name, part of their e-mail ID or in any other manner“.

[1] Sporta Technologies Pvt Ltd and Anr. vs. Dreamz11 and Anr. [CS(COMM) 44/2023]