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2026 Supreme(Online)(Del) 774

IN THE HIGH COURT OF DELHI AT NEW DELHI
Jyoti Singh, J
Living Media India Limited – Appellant
Versus
Charcha Aaj Ki – Respondent
CS(COMM) 15/2026



Advocates:
For the Appellants/Petitioners: Rahul Beruar, Nidhi Jain, Manini Sidhu, Aeshna Raghuwanshi

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 injury due to the defendant's use of deceptively similar marks or trade dress.

Headnote:The present suit concerns a trademark infringement claim filed under the Trade Marks Act, 1999. The Plaintiffs, established media and broadcasting entities, seek an injunction against the Defendant for using a deceptively similar logo and colour scheme, which the Plaintiffs contend infringes their well-known registered trademarks. The court considered evidence regarding the long-standing reputation of the Plaintiffs’ marks and the potential likelihood of confusion in the public domain due to the similarity of visual elements and trade channels. The core issues involve whether the Defendant’s use of the impugned mark and colour combination constitutes infringement under S. 29 of the 1999 Act and the tort of passing off by riding on the Plaintiffs' goodwill. Ratio Decidendi rests on the finding that the Plaintiffs established a prima facie case through statutory registrations, decades of continuous use, and the distinctiveness of their visual brand identity, necessitating interim protection to prevent irreparable harm to their goodwill.

Result: An ex-parte ad-interim injunction was granted, restraining the Defendant from using the identical or deceptively similar visual elements of the Plaintiffs’ registered trademarks, while permitting the use of the word mark in a non-infringing manner.

Table of Content
1. procedural compliance for filing suits under the commercial courts act. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19)
2. establishing prima facie case for trademark infringement and passing off. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29)
3. granting ex-parte ad-interim injunction to prevent trademark infringement. (Para 30 , 31 , 32)

O R D E R

I.A. 516/2026 (Exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

I.A. 515/2026

3. On account of the urgent relief prayed for by the Plaintiffs which needs hearing today, Plaintiffs are exempted from serving advance notice on Defendant.

4. Application is allowed and disposed of.

I.A. 514/2026 (u/S 149 r/w Section 151 CPC)

5. This application is filed on behalf of the Plaintiffs seeking extension of time for filing the court fees.

6. For the reasons stated in the application, Plaintiffs are permitted to file requisite Court Fees within a period of two weeks from today.

7. Application is allowed and disposed of.

I.A. 511/2026 (u/S 12A(1) Commercial Courts Act, 2015 r/w Section 151 CPC)

8. This application is filed on behalf of the Plaintiffs seeking exemption from Pre-Institution Mediation.

9. Having regard to the facts of the present case wherein urgent relief is prayed for and in light of the judgment of Supreme Court in Yamini Manohar v. T.K.D. Keerthi , (2024) 5 SCC 815, as also Division Bench of this Court in Chandra Kishore Chaurasia v. RA Perfumery Works Private Ltd. , 2022 SCC OnLine Del 3529, exemption is granted to the Plaintiffs from Pre-Institution Mediation.

10. Application is allowed and disposed of.

I.A. 513/2026 (u/O XI Rule 1(4) r/w Section 151 CPC)

11. This application is filed on behalf of the Plaintiffs for filing the additional documents under Order XI Rule 1(4) read with Section 151 CPC.

12. Plaintiffs, if it wishes to file additional documents at a later stage, shall do so strictly as per provisions of Commercial Courts Act, 2015.

13. Application is allowed and disposed of.

CS(COMM) 15/2026

14. Let plaint be registered as a suit.

15. Upon filing of process fee, issue summons to the Defendant, through all permissible modes, returnable before the learned Joint Registrar on 11.03.2026.

16. Summons shall state that the written statement shall be filed by the Defendant within 30 days from the receipt of summons along with affidavit of admission/denial of the documents filed by the Plaintiffs.

17. It will be open to the Plaintiffs to file replication within the stipulated time from the date of receipt of written statement along with affidavit of admission/denial of documents filed by the Defendant.

18. If any of the parties wish to seek inspection of any documents, the same be sought and given as per the Delhi High Court (Original Side) Rules, 2018.

19. Learned Joint Registrar will carry out admission/denial of documents and marking of exhibits.

I.A. 512/2026

20. This application is filed on behalf of the Plaintiffs under Order XXXIX Rules 1 and 2 read with Section 151 CPC for grant of an ex-parte ad-interim injunction against the Defendant.

21. Issue notice to the Defendant, through all permissible modes, returnable before Court on 26.02.2026.

22. Plaintiff No.1 is a company incorporated under the Companies Act, 1956 and is stated to be one of the major media Corporations in India, engaged in diverse business activities ranging from printing, publishing of magazines, journals, periodicals and newspapers to running of news channels etc. Plaintiff No.2 is the subsidiary of Plaintiff No.1 and operates in popular electronic news channels including the news channel ‘AAJ TAK’ under an arrangement with Plaintiff No.1 as also FM radio channels.

23. It is stated that Plaintiffs are pioneers in starting one of the first 24-hour private Hindi news channel in India under the marks ‘AAJ TAK’ and [image], which has continued to dominate the media space since the launch on 31

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