In a win for the cricket fantasy play app Dream 11, the Delhi High Court has ruled that 'Satta Dream 11' infringes its trademark in a malafide attempt to rid the goodwill of the former.
The single-judge bench of Justice Prathiba M Singh while granting a permanent injunction against the defendant 'Satta Dream 11' observed that it completely arbitrary.
"The impugned domain name is nothing but a malafide attempt to ride on the goodwill of the Plaintiff’s mark ‘Dream11’. The said mark is completely arbitrary and thus very distinctive. The said marks, ‘Dream11’ and ‘sattadream 11’ are similar and there is a high chance of confusion between the two marks. This is especially true on the internet, where the difference between such domain names would not be easily discernible," the court observed.
It also added that considering the nature of the internet, it is possible for similar-sounding website names to be presumed as being affiliated, and the use of such similar-sounding domain names and that too for identical services inevitably results in passing off of one service as that affiliated, sponsored or connected with the other.
The Court order was passed ex-parte as, despite repeated attempts, Defendant didn't enter an appearance despite service. It was the court's view that the defendant's domain name has annexed the entire mark DREAM11, which is the registered trademark of the Plaintiff.
"A perusal of the website of the Defendant shows that www.sattadream11.com is hosting gaming services which are identical to that of the Plaintiff under an identical/ similar name ‘sattadream11’. The website also shows that the Defendant is providing fantasy cricket games and is also accepting payments for the same. Any customer would also be able to create an account on the ‘sattadream11’ platform. The same is also being promoted on social media platforms such as Facebook, Twitter, etc." the court remarked.
Read Order @LatestLaws.com:
Picture Source :
