HC restrains magazine from using 'Aaj Tak' trademark

The Delhi High Court has restrained a person, who runs a fortnightly magazine 'Aaj Tak Aamne Saamne', from using any name that is "deceptively or phonetically" similar to trademarks of a major media house.

The court's order came after Living Media India Ltd, a media conglomerate that owns and operates news channels such as Aaj Tak, filed a suit for injunction against the person and one other.

The Hindi news channel, Aaj Tak, hosts a programme called 'Aaj Tak Aamne Saamne'.

The high court said there is a clear violation of the rights of Living Media India Ltd, which had filed a suit seeking injunction restraining a woman and one other from infringing and passing off trademarks 'Aaj Tak' or any other trademark "deceptively or phonetically" similar.

The order was passed against a woman, who claimed to own, print and publish the fortnightly magazine 'Aaj Tak Aamne Saamne' and its chief managing director, who is also the owner of a domain, aajtakaamnesaamne.com naajtakaamnesaamne.com.

Justice Jayant Nath directed them to pay damages of Rs 1 lakh to the media house.

As nobody appeared on behalf of the defendants despite service of notice, they were proceeded ex-parte by the court in September 2014.

The high court said the media house has established that it was the registered proprietor of the trade mark 'Aaj Tak' and it has a statutory right to the exclusive use of the same.

"There is a clear violation of the rights of the plaintiffs (media house). It is also clear that the plaintiffs have been using their mark since 1995. The act of the defendants lacks bonafide.

"The goods and services sold under the deceptively similar trade mark will also lead to passing off the goods and services of defendants as that of the plaintiffs," it said.

The court passed the decree of permanent injunction in favour of the media house and against the defendants and restrained them and their representatives from using the trademark and the domain name.