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HC restrains magazine from using ‘Aaj Tak’ trademark

HC restrains magazine from using ‘Aaj Tak’ trademark

In a recent judgment, the Delhi High Court has restrained a person to use the trademark ‘Aaj Tak Aamne Saamne’ for his fortnightly magazine. The Court has granted permanent injunction against the magazine to use any “deceptively or phonetically similar” trademarks of a major media house.

The Court’s order came after Living Media India Ltd., a media conglomerate that owns and operates the news channel ‘Aaj Tak’ filed a suit for injunction against the persons. The nes channel also hosts a programme called ‘Aaj Tak Aamne Saamne’.

The court ruled that the rights of Living Media India ltd., who had filed for injunction restraining a person from infringing and passing off trademarks ‘Aaj Tak’ or any other trademark “deceptively or phonetically” similar, were violated.

The person claimed that she owns, prints and publishes the fortnightly magazine ‘Aaj Tak Aamne Saamne’ and its chief director owns the domain\

The order was passed against them and was directed to pay damages of Rs. 1 lakh to the media house. The Court ruled that the media house was successful in establishing that it was the registered proprietor of the trademark ‘Aaj Tak’ and it has the statutory right to the exclusive use of the same.

“There is a clear violation of the rights of the plaintiffs (media house). It is also clear that the plaintiffs have been using their mark since 1995. The act of the defendants lacks bonafide.
“The goods and services sold under the deceptively similar trade mark will also lead to passing off the goods and services of defendants as that of the plaintiffs,” it said.

The court restrained the defendants from using the trademark and the domain name.

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