The Delhi High Court recently restrained a Gujarat based news platform that was running under the name 'AAJ TAK WATCH NEWS' from using the 'Aaj Tak' trademark or any other deceptively similar mark after the popular Hindi news channel Aaj Tak filed a suit for trademark infringement [Living Media India Private Limited & Anr v Jay Jayeshbhai Tank & Ors].Justice Anish Dayal also restrained the defendants (the Gujarat-based platform) from using ‘Aaj Tak’ as part of their domain names or e-mail addresses and ordered them to delete any social media handles that contain the allegedly infringing marks.Living Media India Limited (owners of Aaj Tak) had approached the Court stating that its trademark Aaj Tak is being used by a Gujarat based company owned by Jay Jayeshbhai Tank who is broadcasting on a YouTube channel and publishing a newspaper in the name of "AAJTAK WATCH".The Court was told that the channel is hosting several news programmes and that an email ID "[email protected]" was discovered on their YouTube page, which mentioned an associated website, www.aajtakwatchnews.com.Meanwhile, the counsel appearing for the defendant stated that they have been publishing the newspaper AAJ TAK WATCH since 2015 from Surat and are registered with the Registrar of Newspapers for India (RNI) as well.The counsel added that they have been broadcasting news on digital media since 2022.After considering the case, the Court held that a prima facie case was made out in favour of Aaj Tak and, therefore, passed the interim order.
The Court made it clear that if the defendant fails to comply with the order in two weeks, the domain name registrar shall suspend/block the websites owned by the defendant and the social media platforms shall deactivate the allegedly infringing accounts/channels.
Living Media India Limited was represented through advocates Rahul Beruar and Jyotsana Sinha.Advocate Kunal Rakwar appeared for the defendant, Jay Jayeshbhai Tank. The interim order will remain in force till the Court hears the case next on May 16.“Accordingly, till the next date of hearing, defendant no.1, through their promoters, partners, managers, employees, principals, agents, associates, affiliates, licensees, distributors, or any and all others acting on its behalf, directly or indirectly, are restrained 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. In this regard, defendant is further restrained from using the said impugned marks in any promotional material for their digital platform, till the next date of hearing,” the Court said.
TAGS: Delhi High Court Trademark Infringement AAJ TAK WATCH NEWS Living Media
