Sporta Technologies Private Limited (Dream11) that operates fantasy portal Dream11 has obtained an ad-interim injunction from Delhi HC restraining Dream7 Entertainment Private Limited (Dream7) from using the mark Dream7 for any online gaming application or gaming platform. Dream11 also alleged that ‘D Cup Logo’ which is a registered trademark is also infringed by Dream7.
Dream7 operates fantasy portal under the domain name ‘www.gameking11.com’. Dream11 alleged that the look and feel of the website of GameKing11 is similar to that of its website long with the use of the Cup/Trophy logo.
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Dream11 and its various derivatives, as also the Cup/Trophy logo, are registered in Classes 9, 16, 18, 28, 35, 38, 41, 42 & 44 in the corporate name of Sporta Technologies. Dream7 had applied for registration of ‘Dream7’ trademark in June 2021 and is yet to be advertised in the Trade Marks Journal. The court noted the fact that a perusal of the website also shows that on the top left corner, a mark which is similar to the ‘D Cup/Trophy’ logo is also used on the website.
Considering that a large number of youngsters would be users of this website, the Court deemed it appropriate to pass an ad-interim injunction restraining Dream7 from using the trademark Dream7 for its business. The matter is now listed on 23 May 2022.
Decide if fantasy sports amounts to gambling: Delhi HC on petition by Dream7
It is pertinent to note that the Delhi High Court last month asked the Delhi government to consider and decide a representation by Dream7 claiming that ‘GAMEKING 11’, a fantasy sports game, is a skill game not amounting to gambling, and the authorities including the police should not create any hindrance in its operation.
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The matter was listed today before the bench of Justice V Kameswar Rao. Dream7 argued that other high courts have held that other similar fantasy sports games amounted to games of skill. In the plea filed through lawyers Ajay Kumar Singh and Yatharth Singh, Dream7 claimed that it was a leading platform for online fantasy sports games such as fantasy cricket, fantasy kabaddi, and fantasy football. Dream7 stated that ‘GAMEKING 11’ did not attract the rigors of the Delhi Gambling Act, 1955, and the petitioner possessed the necessary trade licence from South Delhi Municipal Corporation. GAMEKING11 is endorsed by BJP MP and Bhojpuri actor Manoj Tiwari.