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IN THE HIGH COURT OF DELHI AT NEW DELHI
PRATHIBA M. SINGH, J.
D.B. CORP Ltd. - Appellant
Versus
D.P. Agrawal Publications Pvt Ltd and Others - Respondents
Civil Suit (Comm) No. 1320 of 2016
Decided On : 20-02-2019
Trademark Infringement - Media - [Trade Marks Act, 1999, Section 29(4), Section 134] - The court recognized the Plaintiff's rights in the trademark 'Dainik Bhaskar' and its logo, and granted a permanent injunction restraining the Defendants from using the mark and logo, and from using a deceptively similar domain name. The court also noted the familial connection between the Defendants and the Plaintiff, and based on the circumstances, did not grant the relief of damages.
Fact of the Case:
The Plaintiff, a prominent print media company, filed a suit seeking permanent injunction and damages against the Defendants for trademark infringement, alleging that the Defendants' use of the mark 'Bhaskar' and a similar logo constituted a violation of its statutory and common law rights.
Finding of the Court:
The court found in favor of the Plaintiff, recognizing its rights in the trademark and logo, and granted a permanent injunction restraining the Defendants from using the mark and logo, and from using a deceptively similar domain name. The court did not grant the relief of damages due to the familial connection between the Defendants and the Plaintiff.
Issues: Trademark infringement, use of deceptively similar mark and logo, use of similar domain name, familial connection between the parties.
Ratio Decidendi: The court recognized the Plaintiff's rights in the trademark and logo, and granted a permanent injunction based on the prima facie case in favor of the Plaintiff and the potential irreparable loss and injury. The court also considered the familial connection between the parties in deciding not to grant the relief of damages.
Final Decision: The suit was decreed in favor of the Plaintiff, granting a permanent injunction restraining the Defendants from using the mark and logo, and from using a deceptively similar domain name. The relief of damages was not granted.
Prathiba M. Singh, J.
I.As. 20753/2014 & I.A. 11547/2014
None appears for the Defendants. I.As. are dismissed.
CS (COMM) 1320/2016, I.As. 11235/2014 & 17175/2014
2. The present suit has been filed by D.B Corp Ltd. (hereinafter the "Plaintiff") seeking permanent injunction and damages. The case of the Plaintiff is that it is one of India's largest print media companies and is engaged in the publication of 8 newspapers, which have 67 editions and 199 sub-editions in 4 different languages i.e. Hindi, Gujarati, Marathi and English. Newspapers of the Plaintiff are distributed in 14 states in India. The Plaintiff company is also involved in the running of FM Radio and internet services. The name 'Dainik Bhaskar' was adopted in the year 1958 and since then, the words 'Dainik Bhaskar' have been used extensively by the Plaintiff in various derivatives and forms including 'Bhaskar Group' and 'Dainik Bhaskar Group'. It is stated in the plaint that the annual revenue of the Plaintiff is more than Rs. 1000 crores. The Plaintiff uses the domain names dainikbhaskar.com and bhaskar.com.
3. The grievance of the Plaintiff is that in May, 2014 it learnt of Defendant No.1 - M/s. D. P. Aggarwal Publications Pvt. Ltd. running a website having the address www.bhaskarnewsonline.com. A perusal of the said website showed that it was a news website promoted by the daughter of Late Shri Dwarka Prasad Aggarwal. The grievance of the Plaintiff was that even the logo, which has been used by Defendant No.1 on the website, was similar to the 'Dainik Bhaskar' logo.
4. Accordingly, the case of the Plaintiff is that since the trademark of the Plaintiff is registered, the use of bhaskarnewsonline.com resulted in violation of its statutory and common law rights. The present suit was filed seeking the following reliefs:
"(a) A decree for permanent injunction restraining the Defendants, their directors, proprietor or partners as the case may be, their assignees in business, servants and agents from manufacturing, selling, offering for sale, advertising, directly or indirectly dealing in News/Print Media/Electronic Media using the registered trademark 'BHASKAR' along with its logo or any other trade mark as may be deceptively identical or similar to the Plaintiff's trademark;
(b) A decree for permanent injunction restraining the Defendants, proprietor or partners as the case may be, their assignees in business, distributors, servants and agents from using the domain name and hosting the website http://www.bhaskarnewsonline.com or any other domain name as may be deceptively identical or similar with domain name 'BHASKAR.COM' of the Plaintiff Company;
(c) A decree damages of Rs. 35 lakhs or any other amount which may be found due and payable by the Defendants;
(d) An order for costs in the proceedings;"
5. When the suit was listed on 30th May, 2014, a Ld. Single Judge of this Court passed an ad-interim injunction in the following terms.
"Learned counsel for the plaintiff submits that plaintiff is a publisher of Hindi newspaper "Dainik Bhaskar." First such publication was made in the year 1958. Plaintiff's newspaper "Dainik Bhaskar" has acquired large circulation over the years." Dainik Bhaskar is recognised and associated with plaintiff's newspaper. Plaintiff's mark "Dainik Bhaskar" is registered with logo of "Sun." It is further submitted that plaintiff's newspaper is available online under the domain names dainikbhaskar.com, divyabhaskar.com and dailybhaskar.com.
It is contended that "bhaskar.com" is one of the domain names of plaintiff. Learned counsel for the plaintiff submits that in order to encash plaintiff's reputation and goodwill, defendants have started online news under the mark "bhaskarnewsonline.com" inasmuch as, have partially adopted logo of "rising sun", which is deceptively similar to that of plaintiff. Defendants are also representing themselves as member of "Dainik Bhaskar Group".
I have heard the learned counsel and perused the plaint along with docum
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