Delhi High Court: A suit was filed by Living Media India Limited (plaintiff) seeking an injunction against the defendant for using deceptively similar mark “AAJ TAK” in ‘AAJ TAK WATCH NEWS’. Anish Dayal, J., restrained the defendants from using the plaintiff’s marks “AAJ TAK”/ आज तक”, or any other trademark identical or deceptively similar to plaintiff’s registered trademarks, in any manner, in relation to any digital media platform including websites, social media and any other content sharing digital platform.
The plaintiffs claimed to be a part of the well-reputed and well-established India Today Group which is one of India’s most respected and diversified media conglomerates, available in both print and electronic media. It was engaged in diverse business activities ranging from printing and publishing of magazines, journals, periodicals and newspapers, infotainment program, organizing conferences, seminars, music shows, and other related activities. Plaintiff 2 is a subsidiary of plaintiff 1, and operates popular electronic news channels, including the news channel ‘AAJ TAK’ and FM radio channels.
The defendant was broadcasting on a YouTube Channel, as well as publishing a newspaper in the name of “AAJTAK WATCH”, through the State of Gujarat, and has also applied for a trademark on proposed to be used basis. The plaintiff discovered defendant 1’s social media profiles on Facebook, X (Twitter), Instagram, Linkedln, Telegram and other social media channels, which have been duly arrayed as defendants.
The main grievance of the plaintiff was against defendant 1 using the trademark “AAJ TAK WATCH NEWS” (YouTube channel) (impugned mark) and multiple social media profiles under ‘AAJ TAK WATCH NEWS’ (impugned mark) under the domain names www.aajtakwatch.in and www.aajtakwatchnews.com and publication titled “AAJTAK WATCH”. As per the plaintiff, the use of said marks is infringing the trademarks of the plaintiff as they are deceptively similar.
The Court noted that the plaintiff has made out a prima facie case for the grant of ad interim injunction, the balance of convenience lies in favour of the plaintiff and it is likely to suffer irreparable loss in case injunction, as prayed for, is not granted. Thus, the Court restrained the defendants from using the said mark “AAJ TAK” as part of their domain name and as also their email address, and will immediately de-activate the same. Defendant no.1 is further directed to immediately de-activate all social media handles which use the impugned marks of plaintiff.
[Living Media India Limited v. Jay Jayeshbhai Tank, 2024 SCC OnLine Del 312, decided on 12-01-2024]
Advocates who appeared in this case :
Mr. Rahul Beruar and Ms. Jyotsana Sinha Advocates for plaintiff
Mr. Kunal Rakwar, Advocate for D- 1, Ms. Geetanjali Visvanathan, Adv. For D-2. Ms. Mamta Jha, Ms. Shruttima Ehersha and Mr. Roshan Ahuja, Advs. for D-4. Mr. Ninad Dogra, Adv. for D-11. Mr. Saurabh Kumar and Ms. Rose Sebi, Advocates for Defendant No. 8
The Delhi High Court has issued an injunction against a Gujarat-based entity, AAJ TAK WATCH NEWS, for using the trademark “AAJ TAK”, which is associated with the well-known India Today Group. The court’s decision came after Living Media India Limited, part of the India Today Group, filed a suit against the defendants for broadcasting content under the “AAJ TAK WATCH NEWS” brand on YouTube and publishing a newspaper with the same name in Gujarat. The Court found that the use of this mark infringed upon the plaintiff’s registered trademarks, and the defendants were directed to immediately deactivate the domain names, email addresses, and social media handles using the impugned marks, to prevent confusion and protect the established trademark rights of the India Today Group. 🏛️📰📌