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PRATHIBA M. SINGH
Living Media India Limited – Appellant
Versus
Www. News-aajtak. Co. In – Respondent
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
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 simil....
The central legal point established in the judgment is the protection of well-established trademarks and the grant of ad-interim injunction against infringement on online platforms.
The court held that a well-known trademark, like `TATA`, is entitled to protection against any unauthorized use that may deceive the public, confirming jurisdiction over foreign entities where online....
In trademark infringement cases, courts cannot grant broad injunctions without identifying specific infringing domains; reliefs must target clearly defined trademarks as per Sections 28(1) and 29 of ....
The court emphasized the importance of strictly abiding by the injunction order and not extending it to any other domain names not covered by the order.
The judgment establishes the importance of protecting intellectual property rights, territorial jurisdiction in infringement cases, and the enforcement of injunction orders through ICANN regulations.
A court may grant an ex-parte ad-interim injunction in a trademark infringement suit where the plaintiff establishes a prima facie case, balance of convenience, and the likelihood of irreparable inju....
The court affirmed the plaintiffs' rights against infringement and passing off, validating their trademarks through established goodwill and allowing for summary judgment due to the defendant's non-a....
The central legal point established in the judgment is the protection of well-known trademarks from infringement and passing off under the Trade Marks Act, 1999.
The central legal point established in the judgment is the protection of intellectual property rights, including trademarks and copyrighted materials, under the Indian Copyright Act, 1957 and the Ind....
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