Court Grants Ex-Parte Ad-Interim Injunction to Protect ‘MPL’ Trademark in Online Gaming Dispute
In a significant legal development, the Hon'ble Court has granted an ex-parte ad-interim injunction in favor of the Plaintiff, restraining Defendants Nos. 1-4 and their associates from using the Plaintiff's trademarks related to online gaming. This decision follows an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC), filed as part of a broader suit seeking a permanent injunction.
Background of the Case
The Plaintiff, owner of the trademarks ‘MPL’ and ‘MOBILE PREMIER LEAGUE,’ along with associated device marks and the trademark ‘MLP,’ filed the application to prevent the Defendants from using these trademarks or any marks deceptively similar to them. The Plaintiff argued that the unauthorized use of these trademarks by the Defendants in the context of online gaming could lead to significant confusion among consumers and damage the Plaintiff's brand reputation.
Court's Findings
Upon reviewing the application, the Court found that the Plaintiff had established a strong prima facie case warranting the issuance of an ex-parte ad-interim injunction. The Court noted the following key points:
Prima Facie Case: The Plaintiff demonstrated sufficient evidence to show that the unauthorized use of their trademarks by the Defendants could cause consumer confusion and harm the Plaintiff's brand.
Balance of Convenience: The Court determined that the balance of convenience favored the Plaintiff. The potential harm to the Plaintiff’s reputation and consumer trust outweighed any inconvenience the injunction might cause to the Defendants.
Irreparable Harm: The Court agreed with the Plaintiff’s contention that they would suffer irreparable harm if the Defendants continued to use the disputed trademarks, as it could lead to a loss of consumer trust and market standing.
Injunction Order
In light of these considerations, the Court issued an ex-parte ad-interim injunction, effective until the next date of hearing. The terms of the injunction are as follows:
Defendants Restrained: Defendants Nos. 1-4 and all individuals acting on their behalf are restrained from using the Plaintiff’s trademarks ‘MPL,’ ‘MOBILE PREMIER LEAGUE,’ and ‘MLP,’ as well as any other marks identical or deceptively similar to the Plaintiff’s trademarks, in connection with online gaming.
Implications and Next Steps
This ruling underscores the Court’s commitment to protecting trademark rights and preventing consumer deception in the rapidly growing online gaming industry. The interim relief granted to the Plaintiff aims to preserve the status quo and prevent any further damage to the Plaintiff’s brand pending the final resolution of the case.
The case will continue to be litigated, with both parties expected to present further evidence and arguments at the next hearing. The outcome of this dispute will be closely watched by stakeholders in the online gaming sector, given its potential implications for trademark enforcement and brand protection.
Case Title: Galactus Funware Technology Limited Vs MLP & Ors
Judgement/Order Date: 27.05.2024
Case No. CS Comm 440 of 2024
Neutral Citation:NA
Name of Court: High Court of Delhi
Name of Hon'ble Judge: Anish Dayal. H.J.
Disclaimer:
Ideas, thoughts, views, information, discussions and interpretation expressed herein are being shared in the public Interest. Readers' discretion is advised as these are subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the fact and issue involved herein.
Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]
United & United
Email: amitabh@unitedandunited.com
Ph No: 9990389539
