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2023 Supreme(Del) 5615

IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, J.
Living Media India Limited & Anr. - Appellants
Versus
Www. News-aajtak. Co. In & Ors. - Respondents
CS(COMM) 395 of 2020, I.As. 8516 of 2020 & 3065 of 2021
Decided On : 20-11-2023

Advocates appeared:
Mr. Rahul Beruar and Ms. Jyotsana Sinha, Advocates, for the Plaintiffs.
Ms. Shweta Sahu, Mr. Alipak Banerjee & Mr. Brijesh Ujjainwal, Advocates for D-3.

IMPORTANT POINT
The central legal point established in the judgment is the permanent restraint on the Defendants from using the mark 'AAJ TAK' or any deceptively similar mark for media, news, entertainment, or similar services, and the responsibility of DNRs/platforms to keep the infringing accounts disabled.

Headnote:

AAJ TAK - Trademark Infringement - [Order dated 24th September, 2020, order dated 6th September, 2021, order dated 17th September, 2021] - The court decreed the suit against the Defendants, permanently restraining them from using the mark 'AAJ TAK' or any deceptively similar mark for media, news, entertainment, or similar services. The DNRs/platforms were directed to keep the infringing accounts disabled.

Fact of the Case:

The suit pertains to the infringement of the mark 'AAJ TAK' across various domain names and online platforms. The Plaintiff obtained an ex-parte injunction against the use of specific domain names, and subsequently, additional domain names were included in the injunction.

Finding of the Court:

The court decreed the suit against the Defendants, permanently restraining them from using the mark 'AAJ TAK' or any deceptively similar mark for media, news, entertainment, or similar services. The DNRs/platforms were directed to keep the infringing accounts disabled.

Issues: Trademark infringement, domain name misuse, injunction enforcement, DNRs' responsibilities

Ratio Decidendi: The court found in favor of the Plaintiff due to the repeated protection of the mark 'AAJ TAK' in various proceedings and the infringing use of the mark across multiple domain names and online platforms. The court emphasized the permanent restraint on the Defendants from using the mark or any deceptively similar mark and directed the DNRs/platforms to keep the infringing accounts disabled.

Final Decision: The suit was decreed in favor of the Plaintiff, and the Defendants were permanently restrained from using the mark 'AAJ TAK' or any deceptively similar mark for media, news, entertainment, or similar services. The DNRs/platforms were directed to keep the infringing accounts disabled. The pending application under Order XXXIX Rule 2A CPC was disposed of.

JUDGMENT

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. The present suit relates to various domain names and other online media usage of the mark `AAJ TAK', `AB TAK' and various other similar marks/names to that of the Plaintiff's mark/name `AAJ TAK'.

3. The mark `AAJ TAK' has been repeatedly protected in various proceedings. In the present suit, vide order dated 24th September, 2020, an ex-parte injunction was granted against the use of the domain names www.news- aajtak.co.in, www.aajtaknewsdaily.com, www.newsaajtaklive.com and www.aajtakreport.com.

4. Further domain names were also included and the injunction order dated 24th September, 2020 was also extended to the said domain names vide order dated 6th September, 2021 read with order dated 17th September, 2021.

5. The Plaintiffs have also impleaded numerous Domain Name Registrars (DNRs) and other platforms where the infringing use of the name `AAJ TAK', including its content, was observed. During the pendency of this suit, all the domain names and other instances of infringing use of the Plaintiffs' mark at the following links has been either removed or disabled. A complete status report dated 20th November 2023 as handed over by the ld. Counsel for the Plaintiffs is set out below:

S. No.Defendant No.Infringing website/profile/channel.Screenshots from weblinks Updated status as on 20.11.2023StatusDefendant No. 1NewsAajTak
- Website
- Facebook profile
- Twitter profilewww.news-aajtak.co.in

https://www.facebook.com/Newsaajtakonline/

https://twitter.com/mpcgnewsaajtak
Website, Twitter and Facebook profile disabled.
2.Defendant No. 2AAJTAK NEWS DAILY
- Websiteswww.aajtaknewsdaily.com

D2's new website - www.aajtaknewsdaily.in (I.A. No. 3065/2021 under O39 R2A pending)
Website disabled.

D2's new website shows this message.

Whois says - not been registered yet. 3.Defendant No. 4Newsaajtaklive
- Website
- Facebook profilewww.newsaajtaklive.comWebsite and YouTube channel disabled. - YouTube channel
https://www.facebook.com/NEWSAAJTAKLIVENTW/?ref=page_internal


https://www.youtube.com/channel/UCxaDLaOlAUoK_gJmP4uGrYg
Facebook profile now disabled. 4.Defendant No. 6Aaj Tak Report
- Websitewww.aajtakreport.comWebsite, Facebook profile and Instagram profile disabled.- Facebook profile
- Instagram profile
https://www.facebook.com/Aaj-Tak-Report- %E0%A4%86%E0%A4%9C%E0%A4%A4%E0%A4%95- %E0%A4%B8%E0%A4%AE%E0%A4%BE%E0%A4%9A%E0%A4%B0-101803404936371/
https://www.instagram.com/aajtakreport/
5.Defendant No. 9Aaj Tak Live
- Websitewww.aajtaklive.inWebsite disabled. Domain first registered with Def.3 (GoDaddy) and now registered with Def.16 (Hosting Concepts B.V.)6.10Aaj Tak India News
- Website
- Facebook profile
- YouTube channelwww.aajtakindianews.com

https://www.facebook.com/aajtakindianews1/

https://www.youtube.com/channel/UC-5jrJioIW- 5ZDB5QUfSlsA/featuredWebsite, Facebook Profile and YouTube channel disabled.7.11E Aaj Tak
- Website
- Facebook profile
- YouTube channel
- Twitter profilewww.eaajtak.com

https://www.facebook.com/eaajtaknews

https://www.youtube.com/channel/UCbwVcvsdtX5DC83Wznep39w/featured

https://twitter.com/eaajtak?lang=en
Domain name seems inactive. Website can't be reached.

Facebook Profile disabled.

YouTube channel renamed and content removed.

Twitter profile active. 8.Defendant No. 12Zulm aajtak
- Website
- Facebook profile
- YouTube channel
- Twitter profilehttps://www.zulmaajtak.page/

https://www.facebook.com/Zulm-Aaj-Tak-news- 336152670373535/?ti=asWebsite, Facebook profile and YouTube channel disabled.

Twitter profile active
https://www.youtube.com/channel/UC4p8mpWHOa4OKdKGCDVKZnA/featured

https://twitter.com/zulmaajtak00
9.Defendant No. 14Aaj Tak Hind
- Website
- Instagram profilewww.aajtakhind.comWebsite and Instagram profile disabled. - Twitter profile
https://www.instagram.com/aajtakhind

https://twitter.com/aajtakhind094
Twitter profile active.10.Defendant No. 15Aaj Tak org.
- Websitehttps://aajtak.org.in/Access to website denied.11.Defendant No. 17Aa
















































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