In this digital age, the realm of intellectual property law has witnessed a significant increase in cases concerning copyright and trademark infringements. One such notable case of Play Games 24X7 Private Limited vs Www10Xbettcom & Ors on August 7, 2024, CS(COMM) 657/2024, involves a prominent online fantasy sports platform, MY11CIRCLE, which sought judicial intervention against multiple defendants for violations of its intellectual property rights. The plaintiff’s claims highlight the seriousness of the issue, particularly in the context of illegal online gambling activities.
Plaintiff’s Contentions
The plaintiff, MY11CIRCLE, launched its online fantasy sports platform in 2019, allowing users to earn points based on the actual performance of athletes in various sports, including cricket, football, and kabaddi. The plaintiff has obtained numerous multi-class trademark registrations under the Trade Marks Act, 1999.
The plaintiff’s argument lies in the defendants’ alleged use of the MY11CIRCLE trademark and associated promotional materials to mislead users. It is claimed that the defendants employ a “Bait & Switch” tactic, redirecting unsuspecting individuals to unauthorised websites that promote illegal betting and gambling activities, which are explicitly prohibited in India. The plaintiff argues these websites offer games such as dice, blackjack, keno, and baccarat, all of which pose significant financial risks to users and undermine the integrity of sports.
The plaintiff contends that the defendants have unlawfully copied and misrepresented its trademark and copyright on their illegal website, creating a false association with the MY11CIRCLE marks. This replication includes imitating the plaintiff’s website and URLs, leading users to believe they are interacting with the plaintiff’s official platform. The plaintiff argues that this not only diverts business away from MY11CIRCLE but also causes irreparable harm to its reputation and goodwill.
Decision of the Court
In light of the plaintiff’s claims, the court has granted an interim injunction against the defendants. The injunction restrains them from using the MY11CIRCLE trademark or any similar marks in any capacity, including as part of domain names or in social media. This order extends to any individuals associated with the defendants, including directors, licensees, and franchisees.
Additionally, the court directed the pleaded defendants to disclose basic subscriber information and account registration details related to the infringing activities. Furthermore, it ordered the blocking of domain names associated with unlawful websites, ensuring immediate action against the online platforms misleading their users.
Conclusion
This case underscores the critical importance of protecting intellectual property rights in the digital age, especially against the backdrop of growing online betting activities. The court’s decision to grant an interim injunction serves as a vital measure to safeguard the plaintiff’s rights and prevent further consumer deception. As this legal battle unfolds, it will likely set important precedents in the realm of trademark protection and enforcement, particularly concerning online platforms, how trademark subsists in their domain names and the implications of fraudulent practices in the gaming industry. The MY11CIRCLE case not only highlights the need for robust legal frameworks to protect brands but also emphasises the necessity of public awareness regarding fake websites.
Authors: Manisha Singh and Manya Jain
First Published by: Lexology here