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‘WinZO’ Trademark: Delhi HC Issues Interim Injunction in Infringement Case

In an order dated January 8, 2024, the Delhi High Court issued an interim injunction restraining the defendants from using the ‘WinZO’ or ‘WINZO’ marks.[1]

The plaintiff, WinZO Games Private Limited, filed the present suit seeking an injunction against the defendants, restraining them from infringing upon their registered trademarks. It was alleged that the defendant platforms, engaged in the business of broadcasting pirated content, were using the plaintiff’s trademarks in their domain names. The petitioners also stated that the defendants used marks identical to those of the plaintiff for their mobile apps, causing confusion in the market.

The Court opined that a prima facie case was made out by the plaintiff for the grant of an interim injunction and a dynamic injunction. Further, the balance of convenience was held to be in favour of the plaintiff, considering that irreparable loss would be caused to the plaintiff if an injunction was not issued.

With this, the Court issued an injunction restraining the defendants from using the plaintiff’s trademarks, ‘WinZO’ or ‘WINZO’. The Court issued directions for blocking access to infringing websites, .apk sites, and social media handles. With respect to anonymous defendants, the Court ordered the takedown of websites using marks identical to those of the plaintiff within 36 hours of being so informed by the plaintiff. The Ministry of Electronics and Information Technology (MeitY) and the Department of Telecommunications were asked to immediately issue directions to the Internet Service Providers (ISPs) to block access to the websites as specified by the plaintiff.

[1] WinZO Games Private Limited v. https//www.winzogold.org/ and Ors. [CS(COMM) 13/2024]