Granting interim relief to sports fantasy platform EXCHANGE22 in relation to a copyright issue, the Delhi High Court has directed suspension of the domain name registration of app MYFAB11, which infringes the former’s exclusive rights.
Justice Jyoti Singh, in a recent order, noted that the plaintiff EXCHANGE22 had made out a prima facie case for the grant of the injunction.
“Balance of convenience lies in favour of the plaintiffs and they are likely to suffer irreparable harm in case the injunction, as prayed for, is not granted,” read the order dated April 13.
During the hearing, senior advocate Sandeep Sethi, appearing for the plaintiff, had submitted that the defendants are exploiting his client’s success, goodwill, and reputation and misleading the general public into believing that the business of the defendants’ websites is associated with that of the Plaintiffs.
He also argued that plaintiffs’ Fantasy Sports Game, being registered under the Copyright Act, 1957, entitles them to protection in law, and the defendants’ app MYFAB11, wherein the content of the Plaintiffs App EXCHANGE22 is copied, is an infringement.
After the submissions, the court said: “Defendants, their directors, assignees, partners or anyone acting for or on their behalf, inter alia are restrained from making available for downloads or in any manner unauthorisedly using the plaintiffs’ copyrighted works through the MYFAB11 App or through any other similar app using the impugned application/computer program on smart phones, tablets, smart TVs, laptops, computers or any other digital gadgets or any other application, so as to result in infringement of plaintiff’s copyrighted works.”
“Plaintiffs shall comply with the provisions of Order 39 Rule 3 CPC within five days from today,” it said.