Delhi High Court - Orders
Living Media India Limited & Anr vs Aabtak Channel.Com (John Does) & Ors on 30 March, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:05.04.2022
06:40:23
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS (COMM) 193/2022 & I.As.4841-43/2022
LIVING MEDIA INDIA LIMITED & ANR. ..... Plaintiffs
Through: Mr. Hrishikesh Baruah, Mr. Shahrukh
Ejaz, Ms. Nilotpal Bansal, Md.
Mobashir, Advocates for P-1 & 2
along with Mr. Rohit Mehra & Ms.
Nikita Sachdeva, Legal Counsels (M-
7838390214).
versus
AABTAK CHANNEL.COM (JOHN DOES) & ORS...... Defendants
Through: Mr. Dayan Krishnan, Sr. Advocate
with Mr. Deepak Gogia & Mr. Jithin
M. George, Advocates for D-33.
Appearance not give for D-31/Google
LLC.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 30.03.2022
1. This hearing has been done through hybrid mode.
I.A. 4843/2022(for exemption)
2. Allowed, subject to all just exceptions. I.A. 4843/2022 is disposed of. CS (COMM) 193/2022
3. Let the plaint be registered as a suit.
4. Issue summons to the Defendant through all modes upon filing of Process Fee. Summons are accepted by Defendant No.31 and Defendant No.33.
5. The summons to the Defendants shall indicate that a written statement to the plaint shall be positively filed within 30 days from date of receipt of summons. Along with the written statement, the Defendants shall also file an CS (COMM) 193/2022 Page 1 of 22 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:05.04.2022 06:40:23 affidavit of admission/denial of the documents of the Plaintiff, without which the written statement shall not be taken on record.
6. Liberty is given to the Plaintiff to file a replication within 15 days of the receipt of the written statement(s). Along with the replication, if any, filed by the Plaintiff, an affidavit of admission/denial of documents of the Defendants, be filed by the Plaintiff, without which the replication shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.
7. List before the Joint Registrar for marking of exhibits on 27th May, 2022. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.
8. List before Court on 3rd August, 2022.
I.A. 4841/2022 (u/O XXXIX Rule 1 and 2 CPC)
9. The Plaintiffs have filed the present suit seeking permanent injunction restraining infringement of trade marks, copyright, passing off, dilution, rendition of accounts, damages, etc., against the Defendants. Plaintiff No.1 is engaged in the business of news publication and printing of various magazines including India Today and Business Today. Plaintiff No.2 runs popular television news channels including 'AAJ TAK'.
10. It is the case of the Plaintiffs that Plaintiff No.1 has registered the mark 'AAJ TAK' bearing trade mark number 1242922 in class 38 and trade mark number 1242921 in class 41. Moreover, the mark is also registered in favour of Plaintiff No.1 under various classes. The said CS (COMM) 193/2022 Page 2 of 22 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:05.04.2022 06:40:23 marks are stated to have been licensed to Plaintiff no. 2 vide a Trade Mark License Agreement dated 01st October, 2003.
11. The mark 'AAJ TAK' is a well-known mark which is used extensively on social media. The Plaintiffs have created various accounts, profiles and handles on social media and content sharing platforms such as Facebook, Twitter, YouTube, Instagram etc. wherein millions of people subscribe to them. The mark 'AAJ TAK' has also been extended to various programs such as 'Agenda Aaj Tak', 'Sahitya Aaj Tak', 'Budget Aaj Tak', 'Panchayat Aaj Tak'. The Plaintiffs also claim to have established an extensive digital-first ecosystem with the suffix 'TAK' by using marks such as 'Bharat Tak', Astro Tak', 'Fit Tak', 'Mobile Tak', 'Kids Tak', 'Life Tak', 'Mumbai Tak', 'News Tak', 'Sports Tak', 'Food Tak', 'Duniya Tak', 'Crime Tak' etc.
12. Thus, the Plaintiffs claim that their goodwill and reputation is not merely limited to the mark 'AAJ TAK', but also extends to various formative marks of 'AAJ TAK' and other marks ending with the word 'TAK'. The 'AAJ TAK' series of marks, as also various marks such as 'Yoga Tak', 'Tech Tak', 'Sports Tak', 'Mobile Tak', 'News Tak', 'Astro Tak', 'Duniya Tak', 'Punjab Tak', 'U.P. Tak', 'M.P. Tak', 'Crime Tak', 'Gujarat Tak' etc., are all registered in favour of the Plaintiffs.
13. In the present suit, the grievance of Plaintiffs is that various known and unknown parties have started using Plaintiffs' trademark 'AAJ TAK' in on online platforms including Facebook, Twitter, Instagram. Various parties have also uploaded videos using infringing marks which are either derived from the mark 'AAJ TAK' or use the mark 'TAK' as suffix. Some parties are also using similar logo forms and devices as that of the Plaintiffs' CS (COMM) 193/2022 Page 3 of 22 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:05.04.2022 06:40:23 registered marks. According to the Plaintiffs, such indiscriminate use of 'AAJ TAK' mark on online platforms severely impinges upon the Plaintiffs' rights in their marks and names. Mr. Baruah, ld. counsel, submits that the Defendant Nos.1 to 30, who are anonymous websites, YouTube channels, social media pages, social media handles, and social media accounts are violating the registered marks of the Plaintiffs by using the Plaintiffs' marks and their various derivative forms illegally and unauthorisedly.
14. On behalf of the Defendants No. 31 and 33, i.e., Twitter and Google, which runs the video sharing platform YouTube, it is submitted by ld. Counsels that the said Defendants are only intermediaries and only upon a court order being passed, can the posts/profiles/accounts be taken down. Reliance is placed upon Rule 3(1)(d) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. Mr. Krishnan, ld. Sr. counsel, further argues that it is only the infringing use that can be taken down and all use of the words or expressions 'AAJ TAK' cannot be taken down as the same is a common expression in the Hindi language. In response, Mr. Baruah, ld. Counsel for the Plaintiffs, submits that the Plaintiffs are seeking injunction to restrain only infringing use of Plaintiffs' mark 'AAJ TAK' on various social media platforms.
15. Having considered the plaint and the averments made therein, as also the documents placed on record, there can be no doubt that the reputation and goodwill in the name and mark 'AAJ TAK' is well established. The television news channel 'AAJ TAK' is one of the most popular news channels in India. The mark 'TAK' is also used by the Plaintiffs in respect of various programs and social media accounts, profiles, and handles. Thus, the Plaintiffs' rights deserve to be protected. There are a large number of CS (COMM) 193/2022 Page 4 of 22 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:05.04.2022 06:40:23 infringing posts/profiles/accounts which are being used on the internet against which injunction is being sought in the present suit. This Court is prima facie convinced that a case is made out for grant of an ad-interim injunction against some of the Defendants. Most of the offending names and logos used are infringing in nature. Thus, barring the name 'Sach Tak', all the remaining infringing profiles, accounts, videos, channels are liable to be taken down as they are either using identical or deceptively similar names including logos and writing styles which is a colourable imitation of the Plaintiffs' Aaj Tak logo.
16. For the sake of ready reference, the directions issued qua each of the offending names/platforms/accounts/posts is set out hereinbelow:
Defendant Impugned Impugned Plaintiffs' Directions No. names marks Trade Mark(s) and Artistic Work(s) Defendant AABTAK Defendant No.1 is a No. 1 NEWS AAJ TAK YouTube channel CHANNE using the name L AABTAK 'AabTak'. This (YouTube NEWS YouTube channel Channel) CHANNEL shall be taken down.CS (COMM) 193/2022 Page 5 of 22 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:05.04.2022 06:40:23
Defendant Rajasthan Defendant No.2 is a No. 2 TAK AAJ TAK YouTube channel using the name (YouTube Channel) 'Rajasthan Tak'.
Rajasthan This YouTube
TAK channel shall be
taken down.
Defendant Aap TAK Insofar as Defendant
No. 3 AAJ TAK Nos.3, 4, 5, 6, 7 and
(Youtube
8 are concerned,
Channel)
these YouTube
Aap Tak channels, Facebook
page, and Instagram
pages are using the
name 'Aap Tak'.
These YouTube
Defendant AapTAK AAJ TAK channels, Facebook
No. 4 news page, and Instagram
Channel pages shall be taken
down.
(Facebook
Page) Aaptaknews
Channel
CS (COMM) 193/2022 Page 6 of 22
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:05.04.2022
06:40:23
Defendant Aap Tak AAJ TAK
No. 5 News
Channel
(Instagram
Aap TAK
Page)
News
Channel
Defendant Aap TAK AAJ TAK
No. 6 Network
(YouTube
Channel)
Aap TAK
Network
Defendant Aap Tak
No. 7 AAJ TAK
(Facebook
Page)
Aap TAK
CS (COMM) 193/2022 Page 7 of 22
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:05.04.2022
06:40:23
Defendant Aap Tak
No. 8 (Instagra AAJ TAK
m Page)
AapTAK
CS (COMM) 193/2022 Page 8 of 22
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:05.04.2022
06:40:23
Defendant Haryana AAJ TAK Defendant Nos.9 and
No. 9 Tak 10 are Facebook
(Facebook page and YouTube
page)
channel respectively,
Haryana using the mark
TAK HARYANA 'Haryana Tak'. The
TAK Facebook page and
Defendant Haryana AAJ TAK the YouTube channel
No. 10 Tak shall be taken down.
(YouTube
channel)
Haryana HARYANA
TAK TAK
Defendant Samay Defendant Nos.
No. 11 Tak News AAJ TAK 11,12,13 and 14 are
(Facebook
Facebook page,
Page)
YouTube channels,
Samay and website, using
TAK News the mark 'Samay
Tak' and logo which
are identical to
Plaintiffs' mark and
logo. The Facebook
page, YouTube
channels, and the
website shall be
taken down.
CS (COMM) 193/2022 Page 9 of 22
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:05.04.2022
06:40:23
Defendant Samay
No. 12 Tak News AAJ TAK
(YouTube
Channel)
Samay
TAK News
CS (COMM) 193/2022 Page 10 of 22
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:05.04.2022
06:40:23
Defendant Samaytak
No. 13 news.com AAJ TAK
(Website)
Samay
TAK News
CS (COMM) 193/2022 Page 11 of 22
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:05.04.2022
06:40:23
Defendant Samay AAJ TAK
No. 14 Tak
(YouTube
Channel)
Samay
TAK
Defendant sachtaknews AAJ TAK No order at this stage.
No. 15 .com
(Website)
sachTAKne
ws.com
SAHITYA
TAK
Defendant Sach Tak AAJ TAK No order at this stage.
No. 16 News
(Youtube
Channel)
Sach TAK
News
CS (COMM) 193/2022 Page 12 of 22
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:05.04.2022
06:40:23
SAHITYA
TAK
Defendant Sach Tak AAJ TAK No order at this stage.
No. 17 News
(Facebook
page)
Sach TAK
News
SAHITYA
TAK
Defendant Sach Tak AAJ TAK No order at this stage.
No. 18 News
(Instagra
m Page)
Sach TAK
News
SAHITYA
TAK
Defendant Sach Tak AAJ TAK No order at this stage.
No. 19 News
(Twitter
Page)
Sach TAK
News
SAHITYA
TAK
CS (COMM) 193/2022 Page 13 of 22
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:05.04.2022
06:40:23
Defendant Kal Tak AAJ TAK Defendant No.20 is
No. 20 (Facebook a Facebook page
Page)
which is using the
Kal TAK name 'Kal Tak'.
This Facebook page
shall be taken down.
Defendant Ab Tak Defendant Nos.21,
No. 21 TV News AAJ TAK 22, 23, 24, 25, 26 and
Channel 27 are Facebook
(Facebook pages, Instagram
Page) page, website, Twitter
Ab TAK
TV News page, YouTube
Channel channel and Google
Play Store mobile
application using the
name 'Ab Tak'. These
Facebook pages,
Instagram page,
website, Twitter page,
YouTube channel and
Google Play Store
mobile application
shall be taken down.
CS (COMM) 193/2022 Page 14 of 22
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:05.04.2022
06:40:23
*
*
Defendant Ab Tak
No. 22 Breaking AAJ TAK
News
(Facebook
Page)
Ab TAK
Breaking
News
CS (COMM) 193/2022 Page 15 of 22
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:05.04.2022
06:40:23
Defendant abtaktvliv
No. 23 e.com AAJ TAK
(Website)
Ab TAK
TV India
CS (COMM) 193/2022 Page 16 of 22
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:05.04.2022
06:40:23
Defendant Ab Tak
No. 24 Tv News AAJ TAK
Channel
(Instagra
m Page)
Ab TAK Tv
News
Channel
CS (COMM) 193/2022 Page 17 of 22
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:05.04.2022
06:40:23
Defendant Ab Tak
No. 25 TV News AAJ TAK
Channel
(Twitter
Page)
Ab TAK Tv
News
Channel
CS (COMM) 193/2022 Page 18 of 22
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:05.04.2022
06:40:23
Defendant Ab Tak
No. 26 TV News AAJ TAK
Channel
Pvt. Ltd.
(YouTube
Channel) Ab TAK
TV News
Channel Pvt
Ltd
Defendant Ab Tak
No. 27 TV Live AAJ TAK
(Google
Play Store
Mobile
Applicatio
CS (COMM) 193/2022 Page 19 of 22
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:05.04.2022
06:40:23
n)
*
Defendant Twitter Defendant Nos.28,
no. 28 tak 'AAJ TAK' 29 and 30 are
Website
website, twitter
page, and Instagram
' ' page, using the mark
'Twitter Tak'. This
Defendant Twitter name would not just
no. 29 tak twitter 'AAJ TAK' be violative of
CS (COMM) 193/2022 Page 20 of 22
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:05.04.2022
06:40:23
page twitter tak Plaintiff's rights but
also the Defendant
No.33's rights in the
' '
Defendant Twitter mark 'TWITTER'.
No. 30 tak 'AAJ TAK' The adoption clearly
Instagram appears to be
page dishonest. The said
website, Twitter
' ' page, and Instagram
page shall be taken
down.
17. If any Basic Subscriber's Information (BSI) details of Defendant No. 1 to 30, apart from what is already mentioned in the memo of parties, are available with Defendant Nos.31 to 36, the same shall be provided to the Plaintiffs in respect of their respective pages/handles/videos within one week. The Plaintiffs' counsel shall file an amended memo of parties so as to enable the said parties to appear in the matter and serve them a copy of the summons being issued today.
18. Compliance of Order XXXIX Rule 3 CPC be done through email considering the large number of Defendants who are to be served in this matter. If the Defendants wish to contest the matter, they shall file a reply upon service within four weeks. Rejoinder be filed within four weeks, thereafter.
19. Insofar as anonymous Defendants described as John Does, are concerned, the following directions are issued:
i) Wherever the mark 'AAJ TAK' is being identically used on an online platform such as Twitter, Facebook, Instagram or in any videos, the same shall be taken down within 36 working hours upon information, including the specific URLs, being given by CS (COMM) 193/2022 Page 21 of 22 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:05.04.2022 06:40:23 the Plaintiffs to the respective platforms i.e., Defendant Nos.31 to 36;
ii) In the case of a deceptive logo or a different mark with either the word 'AAJ' or 'TAK' being contained in the mark, the social media platform shall take down the said page/video/post within a period of 36 working hours as per Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021;
iii) In the case of pages/videos/posts where the platforms do not take it down, within 36 hours, intimation shall be given to the Plaintiffs, upon which the Plaintiffs are free to avail of their remedies in accordance with law. Thereafter, upon an order being passed by the Court of competent jurisdiction, the said platform shall abide by the orders, if any, passed.
iv) For the specific pages/videos/posts to be taken down, the URL shall be supplied by the Plaintiffs to the respective platforms and the same shall be filed on record in an affidavit in the same format as contained in the plaint.
20. In order to incorporate the specific logos in the order, the Plaintiff is permitted to supply the said logos in a pen drive to the Court Master today itself.
21. List before the Joint Registrar on 27th May, 2022.
22. List before the Court on 3rd August, 2022.
PRATHIBA M. SINGH, J.
MARCH 30, 2022/Rahul/Sk CS (COMM) 193/2022 Page 22 of 22