Tag: Delhi high court

  • Delhi High Court Urges Centre to Form Authority, Frame Rules for New Gaming Law

    In order for the recently passed Promotion and Regulation of Online Gaming Act to be effective, the Delhi High Court ordered the Centre on 2 September to establish an authority and publish the regulations. On a suit contesting the new online gaming law, a bench consisting of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela issued the rulings.

    The Act, which was approved by Parliament on August 21, encourages e-sports in addition to “safe online social and educational games” and outlaws all types of online money games.

    The judges pointed out that the Centre had not yet established a body to supervise the law’s application. “Until you constitute the authority and promulgate the rules, you will not be able to work on the act,” the court stated. After eight weeks, the matter was scheduled for hearing.

    Sharing his views on the development, Kamal Karanth, Co-Founder Xpheno- A specialist Staffing Firm stated, “While the focus and buzz has been on real money gaming (RMG), it is important to note that most gaming enterprises operate across three verticals—RMG, social gaming, and eSports. The skills and talent deployed across these lines are highly adjacent and transferable. This adjacency provides a talent agility which has helped the sector remain resilient despite regulatory uncertainties.”

    “Gaming tech skills—ranging from AR/VR and app development to AI and immersive design—are not just central to gaming but are also critical to emerging sectors like fintech, edtech, and healthtech. The potential is hence high for redeployment and absorption of talent within the enterprise or within gaming and other adjacent sectors,” he added.

    Argument in the Court

    The government is now establishing an authority under the Act, according to Solicitor General Tushar Mehta, who spoke on behalf of the Centre during a brief session. According to him, the Central Government is now creating regulations and establishing its authority. Although online gaming is encouraged by the government, youngsters who play for real money become addicted and commit suicide.

    The online carrom game platform Bagheera Carrom (OPC) Private Limited filed the petition, arguing that the new law was enacted in excessive haste and without adequate stakeholder participation, violating fundamental rights. The new rule, according to the petition, indiscriminately prohibits all online real-money games, regardless of whether they are skill-based or chance-based.

    Already, Many Players Shutting Real Money Gaming From System

    Shortly after the Indian government’s online gaming bill was approved by both Houses of Parliament, India’s leading real money gaming (RMG) companies, including Dream11 parent company Dream Sports, Gameskraft, Mobile Premier League (MPL), Zupee, and Nazara-backed PokerBaazi, started to stop holding money-related competitions and games on their platforms.

    The measure forbids online money games, which are those in which players deposit money either directly or indirectly in the hopes of winning.

    All ‘Pay to Play’ competitions on Dream Picks, a newly released fantasy sports app that allows users to create four-player teams and compete in both innings, have been suspended by Dream Sports. Additionally, Dream Play, the company’s casual RMG app, is being discontinued.

    Wave of Layoffs in the Indian Online Gaming Sector

    The Mobile Premier League (MPL), one of the largest gaming businesses in India, has announced significant employment layoffs as a result of the country’s decision to ban paid online games. Reuters reports that the Bengaluru-based startup will lay off roughly 300 employees, or 60% of its India workforce, because the new rule eliminates revenue from its primary fantasy and card gaming business.

    Moonshine Technology, which was supported by Nazara Technologies and ran PokerBaazi, began firing its staff. According to sources who spoke to several media sites, the business has begun to lay off workers, with up to 50% of its personnel potentially affected.

    Quick
    Shots

    •Delhi High Court directs Centre to
    constitute an authority and frame rules for the new Promotion and Regulation
    of Online Gaming Act.

    •Act, passed on August 21, promotes
    e-sports and safe social/educational games but bans all real-money online
    games.

    •Bench of Chief Justice Devendra Kumar
    Upadhyaya and Justice Tushar Rao Gedela stressed law cannot function without
    rules and authority.

    •Government assured it is working on
    setting up the authority and framing regulations.

     

  • Nayara Energy Takes Microsoft to Court Over EU Sanctions Fallout

    Nayara Energy, a refiner supported by Russian oil giant Rosneft, filed a lawsuit against Microsoft in the Delhi High Court after the latter ceased to provide services to the company due to EU sanctions. Microsoft is “currently restricting Nayara Energy’s access to its own data, proprietary tools, and products—despite these being acquired under fully paid-up licenses,” according to a statement released by Nayara Energy on 28 July.

    According to Nayara Energy, this decision creates a risky precedent for corporate overreach and raises significant worries about its effects on India’s energy ecosystem because it is based only on Microsoft’s unilateral interpretation of recent European Union (EU) sanctions.

    In order to protect its rights and guarantee ongoing access to crucial digital infrastructure, the company has petitioned the Delhi High Court for an interim injunction and the resumption of services. The purpose of these actions is to avoid any possible interference with Nayara’s capacity to fulfil its commitments to Indian stakeholders and customers.

    What’s Behind the EU Sanctions?

    In its latest attempt to pressure Russia to put an end to the conflict in Ukraine, the European Union said on July 18 that it was suspending Nayara Energy, in which the Russian oil giant Rosneft owns a 49.13 percent interest.

    Nayara Energy’s exports of petroleum products and fuels to Europe would be prohibited by the sanctions, which might also affect its business relationships with European firms. Rosneft’s intention to leave Nayara may also be hampered since potential investors may be alarmed by the EU sanctions.

    Impact on India’s Energy Sector

    Nayara Energy has a network of about 6,800 fuel retail locations and owns and runs a 20 million-ton oil refinery in Vadinar, Gujarat, annually. It makes up about 7% of India’s fuel retail network and 8% of the nation’s overall refining capacity. Through its own retail network, institutional sales, and alliances with other oil marketing firms, Nayara Energy mainly serves the domestic market.

    Nayara Energy’s Russian Ties: A Quick Background

    Formerly known as Essar Oil, the business was a member of the Essar group. After being purchased from the Essar company by a group of investors that included Rosneft, it was renamed Nayara Energy. Similar to Rosneft, a 49.13% share in the company is held by Kesani Enterprises, a consortium managed by Russia-based United Capital Partners (UCP) and Italy’s Mareterra.

    Despite being owned by a consortium of foreign investors, primarily from Russia, Nayara insists that it is an Indian business subject to Indian law. In a statement released on July 28, Nayara Energy stated that although the EU is the only source of the penalties, Microsoft, a company with its headquarters in the US, has decided to stop providing services to Nayara Energy without being required to do so by US or Indian law.

    Microsoft’s Position and Global Implications

    Under the pretence of compliance, this action was performed unilaterally, without previous warning, consultation, or redress. These actions reveal a concerning pattern of multinational firms introducing foreign legal systems into areas where they are not applicable.

    The refiner went on to say that Nayara Energy complies completely with Indian rules and regulations in all aspects of its business operations and maintains constant contact with Indian authorities to guarantee accountability and transparency. Notwithstanding these outside obstacles, Nayara Energy is steadfast in its resolve to provide continuous service and supply to meet India’s energy needs.

    Microsoft Restores Services to Russia-Linked Nayara Energy, Stirring Global Debate

    According to a Reuters report, Microsoft has restored IT services to Nayara Energy, an Indian oil refinery financed by Russia. Microsoft was sued by Nayara for abruptly suspending services after the European Union imposed further sanctions on Russia.

    Nayara’s attorney informed a court in New Delhi on 31 July that the US corporation had restored the services, according to a Reuters report. Before the planned hearing, Microsoft restored all services, including full access to the email system, Microsoft Teams platform, and other Microsoft services, according to a PTI report that cited sources.

    Recent sanctions from the EU have had a major effect on Nayara’s business operations, forcing the company to scale back operations at its refinery, which can process 400,000 barrels per day. Limited fuel storage facilities and vessel operators looking to end their contracts with the corporation were the main causes of the limitations.

  • Swiggy and Zepto Received Notices from HC for Unfriendly Apps for Visually Impaired

    According to reports, the Delhi High Court (HC) has sent notifications to Zepto and Swiggy. This notice has been sent as their respective applications’ complicated user interfaces for those with visual impairments.

    The HC made the ruling after a hearing on a petition submitted by the non-governmental organisation Mission Accessibility. Justice Sachin Datta gave the Ministry of Electronics and Information Technology (MeitY) and both platforms four weeks to reply.

    The petition, spearheaded by accessibility advocate Amar Jain, contends that both platforms have not guaranteed compatibility with screen-reader software in spite of legislative requirements under the Rights of Persons with Disabilities (RPwD) Act, 2016. According to the petition, visually challenged individuals are unable to browse products or place orders on the two sites on their own because screen reader software is not included.

     The argument contends that these apps’ inaccessibility denies people with disabilities (PwDs) equitable access to basic services like grocery shopping and meal delivery. Hence, infringing on their constitutional rights. The next hearing on the case has been set for May 28 by the court.

    Rapido Also Navigating in Same Waters

    This comes after a comparable incident with the unicorn ride-hailing service Rapido. In September 2024, while considering a plea filed by Jain and visually challenged banker Dipto Ghosh Chaudhary, the Delhi High Court ordered Rapido to provide an accessibility audit and compliance report within three months.

     Users with disabilities encountered challenges in accessing services due to Rapido’s app’s lack of compatibility with screen-reading software, as emphasised in the petition. Rapido responded by promising to update its software within six to eight months to comply with accessibility guidelines.

    Rapido Failed to Fix the issue

    The high court voiced its displeasure with Rapido’s progress during a March hearing. The ride-hailing app was given a four-month deadline by the court to address accessibility concerns or “pack up from India”.

    The judge also asked how Rapido was permitted to operate without adhering to current handicap access legislation during the hearing.

    Rapido’s audit report, which was presented to the High Court, identified 81 significant accessibility failures and 170 accessibility problems at Level A of the fundamental Web Content Accessibility Guidelines (WCAG).

     Notably, both cases highlight the growing judicial scrutiny of Indian internet companies for not adhering to digital accessibility requirements set forth by Indian legislation, specifically the RPwD Act of 2016.

  • Delhi High Court Orders Websites Copying Games24x7’s RummyCircle to be Blocked

    A John Doe order has been issued by the Delhi High Court against several websites that are said to have unlawfully copied the layout and content of RummyCircle, the online gaming platform run by Games24x7.  In order to resolve several infractions, including copyright, trademark infringement, misrepresentation, and the unauthorised use of the startup’s founders’ names on certain websites, Games24x7 filed a lawsuit.

    What is John Doe Order?

    Interestingly, a John Doe order is a court order that permits an individual or organisation to pursue action against an unnamed person or group. “John Doe” serves as a stand-in for the unidentified individual who is being accused of misconduct.

    According to Games24X7‘s petition, some websites were using the bait-and-switch technique, which involves luring customers with a phoney RummyCircle page before rerouting them to unlawful gambling and casino websites.  Furthermore, it asserted that a number of domains were illegally promoting rival rummy platforms or illicit gambling websites by exploiting the RummyCircle trademark.

    Creating Replicas of RummyCircle’s Website

    In order to falsely identify themselves with RummyCircle, several of these websites also allegedly made nearly identical copies of the company’s website, stealing its layout, content, and user reviews. According to the HC’s verdict, Games24x7’s rights were blatantly breached by the defendants, which were fraudulent websites. The defendants were ordered by the court to refrain from using the RummyCircle brand or anything similar in the titles of their websites, posts on social media, or other materials. In addition, it mandated that the infringing websites be shuttered and removed and stated that the defendants could not utilise the names of Games24x7’s founders in any way. Due to the increasing threat of copyright and trademark infringement, courts have recently issued a number of these orders.

    The Delhi High Court last month awarded ZED Entertainment a “Dynamic+” John Doe order to protect digital privacy. Without requiring repeated court approvals, this order allowed Zed to take action against websites that were unlawfully streaming its content, including TV series, films, and over-the-top (OTT) content.

    Current Financial Dynamics of Games24x7

    Games24X7, which was founded in 2006 by Bhavin Pandya and Trivikraman Thampy, provides games such as RummyCircle and My11Circle.  After raising $75 million in a funding round led by Malabar Investment in 2022, it became a unicorn. Among its supporters are Tiger Global and Raine Group.  The unicorn faces competition from teams like Dream11 and MPL. Games24X7’s net loss decreased 29% to INR 199.60 Cr in FY23, while its consolidated income from operations increased 1.7X to INR 1,988.10 Cr.


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  • As Mediation Continues, the Delhi High Court will Next Hear the Tesla Trademark Case in April 2025

    The next hearing in the continuing trademark dispute between Elon Musk’s Tesla Inc., a major electric vehicle firm, and Tesla Power, a battery company situated in Delhi NCR, has been postponed to April 2025 by the Delhi High Court (HC). According to a media outlet, the court postponed the hearing because the parties are still trying to resolve their differences through mediation at the Delhi Mediation and Conciliation Centre. At a hearing on June 4, the HC had requested that the two parties try to resolve the conflict through mediation.

    Tesla Power is Using Impugned Marks                                

    The Musk-led electric vehicle manufacturer claimed in May of this year that Tesla Power was using “impugned marks,” which included the full version of its trademark “TESLA” as well as the descriptive phrase “POWER USA.” On May 2, the Delhi High Court heard the matter for the first time. The court later that month prohibited Tesla Power from running ads that highlighted its electric vehicle line.

    Additionally, it ordered Tesla Power to respond to the accusations. Despite pledging to stop using the contested logo, the EV manufacturer claimed in a later hearing that Tesla Power was still selling EV scooters under it. Tesla Power, meanwhile, stated that it had no ambitions to manufacture or sell EVs under its own brand and that the commercials using the name and emblem were a part of its marketing partnership with e-Ashwa.

    Trademark is Creating Confusion  

    Tesla Power India was founded in 2022 and is headquartered in Gurugram, with its worldwide headquarters being in Delaware, USA. It asserts that it is a pioneer in the introduction of long-lasting, reasonably priced batteries. In April 2022, the Musk-led Tesla issued a cease-and-desist letter to the battery manufacturer, requesting that it cease trademark infringement. The EV giant used a screenshot of the article that said, “Tesla announces bringing EV scooters and charging stations to shops by 2025,” from an Indian daily in their appeal. Additionally, the corporation contended that the Tesla Power trademark was confusing customers and possibly hurting its commercial interests in the nation.

    Case has Highlighted Many Flaws of the System

    But given Tesla’s trademark registrations in India, the issue poses a crucial legal question: does TPI’s use of “Tesla” for its main battery business violate Tesla’s trademark rights? The idea of transborder reputation is crucial to this. Even if a well-known foreign brand is not officially registered in the local jurisdiction, its trademark protection is extended by transborder repute. The court’s ruling in this case may be influenced by Tesla’s portfolio of Indian trademarks, its reputation for producing electric cars worldwide, and its affiliation with cutting-edge battery technologies.

    The complex nature of trademark law in a globalised economy is brought to light by the Tesla v. TPI case. Companies that operate internationally, especially those with well-known brands, will be closely monitoring the outcome.


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  • Indian Startup WhiteHat Jr Surrounds Itself In Controversy Again

    The Delhi High court has granted interim relief in the form of an injunction to WhiteHat Jr founder Karan Bajaj in a defamation case involving his vocal critic Pradeep Poonia.

    Karan Bajaj, founder of Byju’s owned coding platform WhiteHat Jr had filed a defamation case against Pradeep Poonia, an engineer who has publicly criticized the startup for the controversial marketing tactics, the quality of the courses on the platform, and aggressive takedowns of such feedback.

    According to reports, the court order will restrain Poonia, a software engineer, from accessing the company’s curriculum and internal communication channels. The court order remains valid until the next hearing which is scheduled to be held on January 6, 2021. Poonia will also be restrained from telecasting or transmitting information from company sources in public.

    WhiteHat Jr Logo
    WhiteHat Jr Logo

    The court further restrained Poonia from commenting on the quality of the personnel who teach coding to school students through WhiteHat Jr– the educational technology startup-platform and to take down a few tweets that had referred to the startup as a “pyramid scheme”.


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    During the hearing, Poonia said that he had not downloaded any curriculum from Whitehat Jr or hacked into its system.

    Poonia had been accused of infringing trademarks and copyright of properties owned by WhiteHat Jr Karan Bajaj, defaming and spreading misleading information about the startup and its founder, and accessing the company’s private communications app.

    Meanwhile, WhiteHat Jr has filed another defamation lawsuit against another critic, angel investor Aniruddha Malpani, seeking damages worth $1.9 million.

    The education startup has been making headlines after few critics from within the organisation claimed that the company was peddling baseless claims regarding children, after learning to code, earned more than 20 crores, and were part of TEDx talks.


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    Last month, advertising regulatory body ASCI had asked WhiteHat Jr to withdraw five of its ads which claimed that knowledge of coding enabled children as young as six and seven to develop apps that will have investors lining up.

    Critics of WhiteHat Jr platform, like Poonia and Malpani, have said that such campaigns are made to sell tall dreams to parents and that they eventually affect the mental health and psychology of children.

    It is to be noted that in August, ed-tech leader Byju’s had acquired WhiteHat Jr for a whopping $300 million all-cash deal.


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