Moonshine Technology Private Limited v. Tictok Skill Games Private Limited

Moonshine Technology Private Limited v. Tictok Skill Games Private Limited

CS(COMM) 331/2021

Decided on 31 January 2022

BRIEF FACTS:

The Baazi Group of Companies has claimed to be a leader and pioneer in the Indian gaming industry since its establishment in 2014. They have built a reputation for providing quality gaming products and experiences to their customers through their branding and registered trademarks. The plaintiff alleges that they originally adopted the trademark "Baazi", which had become their trading identity, corporate name, and domain name. The defendant, "WinZo Baazi", has allegedly started using "Baazi" in their services, passing them off as those of the plaintiff. The question at hand is whether there is a case of infringement and passing off by the defendant of the plaintiff's registered mark and services. Additionally, it is being questioned whether there is a prima facie case for an interim injunction in favour of the plaintiff.

ARGUMENTS RAISED BY THE PLAINTIFF:

The plaintiff has accused the first defendant, TickTock Skill Games Pvt. Ltd., of using the word 'Baazi' in a dishonest manner. This has resulted in the plaintiff's services being misrepresented, as they are being passed off as those of the defendant. The success of the plaintiff's business venture has prompted the second defendant, the Director of the first defendant company, to start his own business, called 'WinZo Games'. The defendant has also used the trademark 'Baazi' along with 'WinZo', branding its services on its website as well as its mobile app as 'WinZo Baazi'. The plaintiff argues that the defendants' claim of using 'Baazi' as a descriptive word for wagering/betting cannot be accepted as bona fide. The plaintiff contends that since the word 'Baazi' cannot be associated with a gaming app, particularly on a mobile phone, it is not descriptive of the defendants' services.

ARGUMENTS RAISED BY THE DEFENDANT:

During a legal case, a counsel argued that a web-based gaming application that involved betting was using the word "Baazi" to describe their services. The counsel claimed that a descriptive word like "Baazi" could not be monopolized by any individual or company in the context of gaming services.

COURT JUDGMENT:

The Bench was of the opinion that the plaintiff's business was thriving and popular as an online gaming platform. The Court noted that no other competitor was using the term 'Baazi' during this time period, and therefore, it appeared to be a brand that indicated the name of the plaintiff as the provider of services. The Court also stated that 'Baazi' was not a word that accurately described gaming or wagering services online or as a mobile app, but rather a clever and creative use of a common word by the plaintiff for its services.

The Court found that the conjunctive use of 'Baazi' with 'WinZo' was similar to the plaintiff's use of 'Baazi' with 'Poker,' 'Rummy,' 'Balle,' and other services, and given that the services provided were identical, it could lead to confusion about the origin of the services. Therefore, the Court issued an injunction against the defendants.

The Court noted that the defendants had failed to establish that the use of the word 'Baazi' was in accordance with honest practices in industrial or commercial matters and was not such as to take unfair advantage of or be detrimental to the distinctive character or repute of the plaintiff's trademark. The Court found that the continued use of the word 'Baazi' by the defendants would impact the reputation and goodwill of the plaintiff, which could not be compensated in terms of money.

The Court also found that the defendants had introduced a gaming app with the name 'WinZo Baazi' and had started using 'Team Baazi,' copying from the plaintiff's website, which could lead to confusion among players about a possible connection between the two. The Court concluded that restraining the defendants from using or attempting to use the plaintiff's well-known brand, 'Baazi,' was necessary. The Court directed the defendants to remove any and all references or use of the plaintiff's well-known brand and registered mark in any form or manner.

COURT ANALYSIS:

The Court ruled in favour of the plaintiff, Baazi Group of Companies, in a trademark infringement case against TickTock Skill Games Pvt. Ltd. and its Director. The Court found that the defendants had engaged in passing off and infringement of the plaintiff's registered trademark "Baazi." The defendants were directed to cease all use of the plaintiff's trademark to prevent further damage to its reputation and goodwill.