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2022 Supreme(Del) 1106

IN THE HIGH COURT OF DELHI AT NEW DELHI
Jyoti Singh, J.
Living Media India Limited & Anr. - Appellantss
Versus
Satbir Bhardwaj & Ors. - Respondents
CS (Comm) 235 of 2022
Decided On : 13-04-2022

Advocates appeared:
Mr. Rahul Beruar and Ms. Jyotsna Sinha, Advocate, for the Appellant; Ms. Mamta Jha, Mr. Rehan Ahuja, Ms. Shruttima, Mr. Vatsalya Vishal and Ms. Riya Gupta, Advocates, for the Respondent.

The main legal point established in the judgment is the grant of ex parte ad-interim injunction in cases of trademark infringement and the Court's authority to issue specific directions under Order 39 Rules 1 and 2.

Headnote:

Injunction - Trademark Infringement - CPC, Commercial Courts Act, 2015 - Order 39 Rules 1 and 2, Order 11 Rule 1(4) - Section 151 of the Code of Civil Procedure 1908

Fact of the Case:

The Plaintiffs, a part of the India Today Group, sought an injunction against Defendants for trademark infringement of 'AAJ TAK' marks and formative marks on various digital platforms.

Finding of the Court:

The Court found that the Plaintiffs had made out a prima facie case for grant of ex parte ad-interim injunction and restrained the Defendants from using the impugned marks and directed specific actions against each Defendant.

Issues: Trademark infringement, deceptive similarity of marks, irreparable harm to the Plaintiffs, and suspension of domain name registration.

Ratio Decidendi: The Court's decision was influenced by the prima facie case of trademark infringement, balance of convenience in favor of the Plaintiffs, and the need to prevent irreparable harm.

Final Decision: The Court granted the ex parte ad-interim injunction in favor of the Plaintiffs and issued specific directions to the Defendants.

ORDER

I.A. 5792/2022(seeking leave to file additional documents)

1. Present application has been preferred on behalf of the Plaintiffs seeking leave to file additional documents under Order 11 Rule 1(4) CPC.

2. Plaintiffs, if they wish to file additional documents at a later stage, shall do so strictly as per the provisions of the Commercial Courts Act, 2015.

3. Application is allowed and disposed of.

I.A. 5793/2022(exemption)

4. Subject to the Plaintiffs filing originals, clearer copies and certified copies of documents, which they may seek to place reliance on, within four weeks from today, exemption is granted.

5. Application is allowed and disposed of.

CS (COMM) 235/2022

6. Let plaint be registered as a suit.

7. Issue summons.

8. Ms. Mamta Jha, learned counsel enters appearance on behalf of Defendant No.4.

9. Written statement be filed by Defendant No. 4 within 30 days from today along with affidavit of admission/denial of the documents of the Plaintiffs.

10. Replication thereto be filed by the Plaintiffs within 15 days of the receipt of the written statement along with an affidavit of admission/denial of the documents filed by Defendant No. 4.

11. Upon requisite steps being taken by the Plaintiffs, summons be issued to the remaining Defendants, through all permissible modes, returnable on 19.07.2022 before the learned Joint Registrar.

12. Summons shall state that written statement be filed by the remaining Defendants within 30 days from the date of receipt of summons. Along with the written statement, Defendants shall also file an affidavit of admission/denial of documents of the Plaintiffs.

13. Replication be filed by the Plaintiffs within 15 days of the receipt of the written statement. Along with the replication, an affidavit of admission/denial of documents filed by the Defendants shall be filed by the Plaintiffs.

14. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.

15. List before the Court on 18.08.2022.

I.A. 5791/2022 (under Order 39 Rules 1 and 2 CPC)

16. Present application has been preferred by the Plaintiffs under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure 1908 for grant of ex-parte ad-interim injunction.

17. Issue notice to the Defendants.

18. Ms. Mamta Jha, Advocate accepts notice on behalf of Defendant No.4.

19. Reply be filed within a period of four weeks from today. Rejoinder, if any, be filed within two weeks thereafter.

20. On steps being taken by the Plaintiffs, notice be issued to the remaining Defendants, through all permissible modes, returnable on 18.08.2022. Dasti in addition.

21. It is averred that the Plaintiffs are a part of the well-reputed and well-established India Today Group, which is one of India's most respected and diversified media conglomerate that has successfully created an enviable legacy of trust, leadership and admiration since the Group's inception over four decades ago. The Group publishes Nation's leading magazines such as India Today, Business Today, besides Indian editions of leading International titles like Reader's Digest.

22. It is averred that the India Today Group has four leading 24-hour

and most preferred Hindi news channel, with awards for editorial and journalistic brilliance. Plaintiffs' channel under the AAJ TAK trademarks and formative marks thereof with its various shows, programmes and events, command leadership status as the Country's most watched news channel and has held Numero Uno position unchallenged for close to two decades besides huge prominence and popularity, internationally in Countries such as USA, UK, Canada, etc. The channel has crossed an average weekly viewership of 101 million viewers, touching a maximum of 188 million in 2019-2020. The colossal number of page views received by the Plaintiffs' website, across India has reached 9,44,86,48,140 upto the end of year 2020.

zealously protecting and enforcing their common law as well as statutory rights in the AAJ TAK trade

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