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28 Apr 2022

The Delhi High Court by an order dated 13 April granted an ex parte ad interim injunction in favour of Hulm Entertainment Pvt. Ltd that operates a fantasy platform under the brand name EXCHANGE 22. The copyright infringement suit was filed against MyFab11, another gaming app, that launched an identical gaming platform. EXCHANGE 22 claims to be an amalgamation of the features of Fantasy Sports Leagues and Stock Market Trading.

EXCHANGE 22 alleged that a day before the launch of the Indian Premier League 2022 first match on 26.03.2022, MyFab11 on 25.03.2022 launched a new version of their MYFAB11 App, wherein they launched an updated version of the app identical to that of EXCHANGE22 application.

EXCHANGE 22 was represented by Mr. Sandeep Sethi, Senior Advocate, assisted by Sudeep Chatterjee, Partner, Singh & Singh Law Firm LLP along with Advocates Tejveer Singh Bhatia, Shifa Nagar, Kiratraj Sadana, and Tanya Arora. Accepting the contentions of EXCHANGE 22, the Delhi High Court granted an injunction against MyFab11.

"India is now racing towards being a hub of unicorns, start-ups, and entrepreneurship at an all-new high. One common thread that encompasses all these big-ticket achievements is Innovation and protection of ideas. I am thankful to the Hon'ble Court for once again instilling confidence into the community the very belief and importance of intellectual property and ownership of copyright as one of the inevitable business assets today." said Bodhishatta Karfa, Director, EXCHANGE 22

EXCHANGE 22 said the new version of MyFab11 cloned not only the gaming interface but also front-end analytics gaming data, including player prices, etc. Furthermore, MyFab11's imitation efforts extended to adopting similar advertising and promotional strategies and the overall advertising approach. In addition, the new update's concept, expression, and user interface substantially reproduced EXCHANGE 22's registered copyright.

The reliefs granted by the Delhi High Court include an injunction to MyFab11 from being downloaded by the users through their app, official website, or any other means, platforms, updates, etc. Additionally, all app stores housing the MyFab11 app have been directed to delist the app. 

Subsequently, on 25 April, MyFab11 submitted that it has removed the stock feature. 

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