Delhi High Court Restrains US Based Company From Using 'Winzo Games' Mark, Orders Deactivation Of 'Winzos' Google Chrome Extension

The Delhi High Court has restrained a US based company, offering an application “Winzos!” on Apple and Google App Stores and an associated website, from using “Winzo” or “Winzo Games” mark.

Justice Prathiba M Singh also ordered deactivation of www.winzos.com extension on Google Chrome Webstore.

The court was dealing with a trademark infringement suit filed by Winzo Games against Bajaar LLC, a company based in Houston. 

The suit alleged that “Winzos!” application was easily accessible in India through Apple App Store and Google Play Store on laptops, tablets and iPads, but not on mobile phones.

Granting relief to Winzo Games, the court observed that there is a serious possibility of the domain name www.winzos.com being misused, considering that the plaintiff operates a gaming app under the said marks.

“The mark WINZO being a registered trade mark of the Plaintiff and the Plaintiff being a globally renowned gaming platform, misuse of the name would be impermissible. The Defendants are clearly based out of India and are taking shelter under the technological tools to stay away from the Court, while continuing to operate the platform. Thus, in order to ensure that the order of injunction already granted is fully given effect to, final orders deserve to be passed,” the court said.

It directed that the Domain Name Registrar of the impugned domain name www.winzos.com shall transfer it to Winzo Games.

As Google's counsel submitted that the impugned application has already been removed from the Apple Store and Google Play Store, the court said:

“It shall be ensured that the said infringing domain names of the Defendant Nos. 1, 2 and 4 are not made available for download or reinstalled on the said stores.”

Title: WINZO GAMES PRIVATE LIMITED v. BAJAAR LLC AND ORS

Citation: 2023 LiveLaw (Del) 1325

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