The Delhi High Court has directed GoDaddy to suspend/block a website being run in the name of “Dream11 Team” following the Trademark Infringement suit by Sporta Technologies.
The order was passed by a Single Judge Bench of Justice Rajiv Shakdher.
The Court has also restrained the owners of Dream11 Team from using the “Dream 11” trademark, domain name or a mark which is deceptively similar. A direction has also been passed to ‘Dream11 Team’ to take down the infringing material from its social media pages.
The Plaintiff said that the owners Dream11 Team “slavishly adopted” an identical trademark and trade logo and, therefore, created confusion in the minds of the consumers.
After hearing the Plaintiff, the Court opined that at this stage, a prima facie case had been established in the favour of the Plaintiff.
“The balance of convenience also appears to be in favour of the plaintiffs.It is my sense that if, at this juncture, the plaintiffs are not protected, their statutory and commercial rights are likely to get jeopardised.”, the Court said.
It further ordered,
In the meanwhile, the defendant, its proprietor, partners, employees and agents are restrained from using the mark “Dream 11” and the logo set forth hereafter or any other trademark/logo which is deceptively similar to the plaintiffs’ trademarks and logo. Furthermore, the defendant, its proprietor, partners, employees and agents are restrained from using the plaintiffs’ trademark as part of its domain name..Besides the foregoing, defendant no. 1 is also directed to take down the infringing material from its social media pages.
While impleading GoDaddy, LLC, the Registrar of the infringing domain name, to the suit, the Court added,
GoDaddy, LLC [now defendant no. 2] is directed to suspend/block the defendant’s domain name i.e. www.dream11team.com.
The Court issued summons in the suit and listed the matter for further hearing on October 6.
