Calcutta High Court Allows Spartan Online to Use ‘thespartanpoker’ in Domain Name Spat
By Team Legistify / 2017-05-23

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Factual Background

The Plaintiffs and the Respondents had entered into a joint venture to carry on their poker gaming business under ‘www.spartanpoker.com’ from Calcutta, even though the company was based in Maharashtra. This was done as the West Bengal Gambling and Prize Competitions Act, 1957 legalises poker and does not qualify it as gambling. Plaintiff No. 1, Mr. Rajat Agarwal made the application for the registration of domain name ‘www.spartanpoker.com’, while all trademark applications for marks including ‘Spartan’ were filed by Respondent No. 7. When disagreements arose between the parties, Rajat Agarwal was removed from the Board of Directors. The Respondents then incorporated a new company, ‘Spartan Online Pvt. Ltd.’ and launched a website under the name ‘www.thespartanpoker.com’. Rajat Agarwal then initiated trademark opposition proceedings to said trademark applications.

Arguments of the Parties

  • Plaintiffs

The Plaintiffs claim violation of their rights, as the domain name was registered by Rajat Agarwal. They contend that the Respondents had no right to start a new website that carried on similar business as compared to their initial joint venture, which they claim to be in breach of the agreement between the parties. Further, the Plaintiffs claim that they have a substantial stake in the Respondent No. 7 company, and the assets, profits, goodwill, trademarks, logo and website cannot be diverted to another entity.

None

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