Delhi HC demands Google’s response to Winzo Games lawsuit

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Delhi HC demands Google's response to Winzo Games lawsuit

The Delhi High Court sought the position of Google on a lawsuit brought by an online gambling app against the search engine giant’s policy of only allowing daily fantasy sports (DFS) and rummy games apps on its “Google Play” app store, while excluding all other games involving real money. the honorable Justice Prathiba M Singh called on Google to file its response to the plea, seeking interim relief, and observed that the issue of the maintainability of the lawsuit in the High Court’s Intellectual Property Rights (IRP) division needed further consideration.

“The issue of net neutrality is also raised by the plaintiff. Accordingly issue notice,” the court said when considering the plea which also sought interim relief.

Senior Counsel Amit Sibalappearing for the plaintiff Winzo Gamessaid Google’s policy, which would be rolled out on September 28 as a pilot program, constituted unfair trade because it deliberately excluded its app, which also offered skill games to users, along with several others.

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He said that Winzo was a prominent name in the gaming world and offered various games of skill such as chess and 8-ball billiards and its revenue in the last financial year exceeded Rs 100 crore.

Senior Counsel Sajan Poovayyarepresenting defendant Google and other related parties, raised objections to the maintainability of the lawsuit, saying it did not involve IPR or information technology law issues, but trade and Trade.

He said that Google Play, which had never previously provided a platform for games involving the “money in, money out” aspect, was introducing DFS and Rummy due to the Supreme Court stating that both are games of skill.

He added that Google Play was not the only app store in the Android market.

The court noted that since Winzo also offered DFS and Rummy, it was free for Winzo to launch those two games independently on a separate app and then ask Google to list them on its app store.

The case will be heard next November.

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