2023:DHC:2796
passing off); (ii) unjust enrichment; (iii) tortious or unlawful interference
with economic interest of the plaintiffs; and, (iv) breach of personality rights
of plaintiffs no.2 to 6. Besides the relief of permanent injunction, the
plaintiffs have also sought the relief of rendition of accounts and damages.
REPLY FILED ON BEHALF OF THE DEFENDANT NO.1
20.
In the reply filed on behalf of the defendant no.1 to the application for
grant of interim injunction, the case made out by the defendant no.1 is as
under:
20.1. The defendant no.1 operates an online gaming platform, MPL, which
also includes OFS. The MPL platform of the defendant no.1 hosts
games developed by third-party game developers, including the
gaming application developed by the defendant no.2 under the name
Striker.
20.2. The defendant no.2 is a separate and independent corporate entity and
defendant no.1 is not involved in managing the day-to-day affairs of
the defendant no.2.
20.3. While the allegations in the plaint are specific only to the mobile
application Striker, which is owned and operated by the defendant
no.2, the prayers in the plaint as well as the interim application are
towards seeking restrain on the operation of all OFS games hosted on
the MPL platform of the defendant no.1.
20.4. The plaintiff no.1 has concealed the fact that they run an OFS game
titled “D3.Club,” which is similar to the OFS game offered by the
defendant no.2.
Signature Not Verified
Digitally Signed By:AMIT
BANSAL
CS(COMM) 108/2023
Signing
Date:26.04.2023
Page
9 of 51 13:09:16
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