Moonshine Technology Private Limited Vs. Ashok Kumar & Ors

Case Title: Moonshine Technology Private Limited Vs. Ashok Kumar & Ors.

Date of Order: 14.02.2025

Case No.: CS(COMM) 124/2025

Court: Delhi High Court

Judge: Hon'ble Ms. Justice Mini Pushkarna

Facts

The plaintiff, Moonshine Technology Private Limited, a key player in the Indian gaming industry, filed a suit against multiple defendants, including unknown persons operating under the name "Ashok Kumar" and domain name registrants (DNRs). The plaintiff alleged that the defendants had registered infringing domain names that closely resembled its well-known “BAAZI” brand and were using these domains to promote illegal gambling and betting services. The plaintiff further contended that such activities amounted to trademark infringement, passing off, and unfair trade practices, causing irreparable harm to its reputation and business. The suit sought a perpetual and mandatory injunction, along with damages.

Issues

The key issues before the Court were whether the unauthorized use of the plaintiff’s trademark “BAAZI” by the defendants in domain names and online platforms constituted trademark infringement and unfair competition. Another issue was whether an injunction should be granted to prevent the defendants from continuing their infringing activities. Additionally, the Court had to consider whether domain name registrants (DNRs) should be held responsible for allowing the registration and use of such infringing domain names.

Reasoning

The Court found that the plaintiff had made out a strong prima facie case of trademark infringement. It observed that the defendants were misleading consumers by using deceptively similar domain names and engaging in illegal gambling activities, thereby tarnishing the plaintiff’s goodwill. The Court also noted that the DNRs played a significant role in enabling such infringing activities by registering and managing these domain names while offering privacy protection to registrants.

The Court considered the relevance of government advisories issued by the Ministry of Information and Broadcasting and other regulatory bodies. Specifically, the advisory dated 21.03.2024 warned against endorsements and advertisements of illegal offshore betting and gambling platforms. The advisory emphasized that intermediaries, including domain name registrants and online platforms, must ensure compliance with Indian laws and refrain from promoting such activities. Despite these advisories, the defendants continued to misuse the "BAAZI" trademark to deceive customers and promote illegal gambling services, making judicial intervention necessary. The Court emphasized that such actions violated established legal norms and public policy, necessitating strict action against the infringers.

Decision

The Court granted an ex parte ad-interim injunction, restraining defendant nos. 1 to 5 from using, modifying, or transferring the infringing domain names. It directed defendant nos. 6 to 8 (DNRs) to suspend access to the infringing domains and disclose the registrants’ details within one week. The Court also acknowledged the importance of enforcing government advisories to curb the proliferation of illegal gambling platforms. The case was scheduled for the next hearing on 28.07.2025.