J.D.KAPOOR
LIVING MEDIA INDIA LIMITED – Appellant
Versus
JITENDER V. JAIN – Respondent
( 1 ). The short controversy for the limited purpose of an interlocutory injunction is whether the name and style of "aaj TAK" and its logo having distinctive features in relation to the News Channel is a generic term and as such is not the monopoly of any particular person either in relation to the news programme or otherwise. Put briefly the relevant facts are as under:-
( 2 ). The plaintiff is carrying on its business of the production of the programme which is telecast on the doordarshan Channel and transmitted ail over India and is the producer of the news programme in Hindi under the name and style of "aaj TAK". It has been using the said trade name since 1. 6. 95 though had applied for its registration before the trade mark authorities on 13. 9. 95, It is also the case of the plaintiff that the layout and the script of words "aaj TAK" is an artistic, exclusive and distinctive style and as a consequence the readers have identified the plaintiff s production not only by the trade mark "aaj TAK" but also by its peculiar scriptive style. It is claimed that the plaintiff s name of the production "aaj tak" has become very popular on account of its continuous user and wi
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