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[Cites 7, Cited by 0]

Delhi High Court - Orders

Living Media India Limited And Anr vs Charcha Aaj Ki on 9 January, 2026

Author: Jyoti Singh

Bench: Jyoti Singh

                          $~29
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +         CS(COMM) 15/2026
                                    LIVING MEDIA INDIA LIMITED AND ANR             .....Plaintiffs
                                                  Through: Mr. Rahul Beruar, Ms. Nidhi Jain,
                                                  Ms. Manini Sidhu and Ms. Aeshna Raghuwanshi,
                                                  Advocates.

                                                                  versus
                                    CHARCHA AAJ KI                                                                  .....Defendant
                                                 Through:

                                    CORAM:
                                    HON'BLE MS. JUSTICE JYOTI SINGH
                                                  ORDER

% 09.01.2026 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.

CS(COMM) 15/2026 Page 1 of 13

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/01/2026 at 20:33:13 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 CS(COMM) 15/2026 Page 2 of 13 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/01/2026 at 20:33:13 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 , which has continued to dominate the media space since the launch on 31.12.2000. Plaintiff No.1 adopted and first used the mark 'AAJ TAK'/'आज तक' in 1995, when a 30-minute news programme was launched CS(COMM) 15/2026 Page 3 of 13 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/01/2026 at 20:33:13 on DD Metro of Prasar Bharti Broadcasting Corporation. In January, 2021, with a view to celebrate their journey of 25 years in the industry, Plaintiffs adopted the formative mark i.e. the trademark , with the brand 'आज तक', enclosed with a silver border to represent their silver anniversary.

24. It is stated that Plaintiffs have secured registrations to protect their statutory rights for word marks 'AAJ TAK' and 'आज तक' as well as other formative marks, most of them comprising of 'AAJ TAK' and 'आज तक' as dominant and essential elements, with the earliest registration being obtained in Class-09 on 20.09.1995 by Plaintiff No.1. The registrations obtained by the Plaintiffs are as follows:-

CS(COMM) 15/2026 Page 4 of 13
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/01/2026 at 20:33:13 CS(COMM) 15/2026 Page 5 of 13 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/01/2026 at 20:33:13 CS(COMM) 15/2026 Page 6 of 13 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/01/2026 at 20:33:13 CS(COMM) 15/2026 Page 7 of 13 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/01/2026 at 20:33:13 CS(COMM) 15/2026 Page 8 of 13 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/01/2026 at 20:33:13

25. It is stated that in light of the statutory registrations in the marks , and as well as other formative marks in relation to the goods and services for which they are registered, Plaintiffs are solely and exclusively entitled to use these trademarks and prevent third parties from infringing them. Owing to decades long usage, zealous promotion and advertisement and consequent widespread popularity, goodwill and reputation garnered by the Plaintiffs' in 'AAJ TAK' trademarks, the mark 'AAJ TAK' has been declared as a 'well-known mark' as defined under Section 2(1)(zg) of Trade Marks Act, 1999 ('1999 Act') and has been included in the list of well-known trademarks published by Trade Marks Registry. Given the well-known status of the mark, the trademarks enjoy a high degree of protection against infringement by third parties. On gaining information that Defendant is infringing the marks of the Plaintiffs and passing off its services as that of the Plaintiffs, present suit has been instituted.

26. Learned counsel for the Plaintiffs stated that Plaintiff No.1 conceived CS(COMM) 15/2026 Page 9 of 13 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/01/2026 at 20:33:13 and adopted the word mark 'AAJ TAK' in 1995 and the same has been used continuously and consistently since then. Plaintiffs also conceived a distinct logo and composite mark which comprises of words 'AAJ TAK' written in Hindi in a unique font in white colour against a solid red background with a unique black outer lining/frame which is inherently distinctive of the Plaintiffs and their news channels and allied goods and services. Therefore, apart from the device marks per se i.e. , and in English, Hindi and various other vernacular languages, the composite mark in its entirety as well as the device mark and the distinctive colour combination being the dominant and essential elements of the Plaintiffs' brand have acquired a secondary meaning and are associated with the Plaintiffs. No disclaimers have been imposed on the use of the device mark by the Trade Marks Registry while granting registration.

27. It is urged that the news channel 'AAJ TAK' has been voted the best Hindi news channel for almost two decades since 2001 by Indian Television Acadamy and this apart, number of awards have been conferred such as Indian Telly Awards, Indian Television Awards, etc. Plaintiffs have spent colossal resources in terms of time, human intellect and money to promote their brand and including 'AAJ TAK' trademarks.

Promotional expenses incurred between the years 2020 to 2025 are to the CS(COMM) 15/2026 Page 10 of 13 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/01/2026 at 20:33:13 tune of Rs.7.22 crores and the revenue generated in the said period is to the tune of Rs.516.38 crores in 2024-25 from Rs.474.53 crores in 2020-21.

28. It is further urged that in December, 2025, Plaintiffs learnt of a third party digital news channel 'Charcha Aaj Ki' offering news services on JIO TV platform using the device mark , which is deceptively similar to Plaintiffs' registered device marks , and .

Investigation revealed that the impugned mark is prominently and extensively used by the Defendant on the news portal where it is hosting, publishing and disseminating various news articles, snippets and updates as also on its website www.charchaaajki.in and other social media handles including Facebook, Instagram and YouTube, without any authorization from the Plaintiffs. The YouTube news channel was created on 31.10.2022 as per information received. It is urged that an overall comparison of Plaintiffs' trademarks and impugned mark shows stark and striking similarities and trade channels being common with common viewers, confusion in the general public is inevitable.

29. Learned counsel fairly submits that the Plaintiffs do not have any objection to use of word mark 'चचचा आज की', however, Defendant is not entitled to use the identical red-white-black colour combination as also registered device mark in the same manner, order and arrangement as used by the Plaintiffs. It is urged that since the impugned mark is similar/deceptively similar to Plaintiffs' marks, save and except, the words CS(COMM) 15/2026 Page 11 of 13 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/01/2026 at 20:33:13 'चचचा आज की' and is used in the same space i.e in the field of news with common customer base, use of the mark by the Defendant amounts to infringement of the trademarks under Section 29(1) and (2) of the 1999 Act. Furthermore, Plaintiffs have by virtue of continuous, extensive and uninterrupted use of mark and other formative marks over decades, built a formidable goodwill and reputation and the intent of the Defendant in using the impugned mark is clearly to ride on the enviable reputation of the Plaintiffs by misrepresenting to the public that its mark is associated with the Plaintiffs and this act amounts to passing off, thereby violating common law rights of the Plaintiffs. In this backgroup, it is prayed that an ex parte ad interim injunction be granted against the Defendant, restraining the Defendant from using the impugned mark with the device mark including the distinctive red-white-black colour combination in the manner used by the Plaintiffs in their marks and and other formative marks, in relation to its services on its channel and website as also all other social media and other platforms. Learned counsel places reliance on a number of orders passed by this Court where ad interim injunctions have been granted in favour of the Plaintiffs, restraining the Defendants from violating the statutory and common law rights of the Plaintiffs.

30. Having heard learned counsel for the Plaintiffs, I am of the view that CS(COMM) 15/2026 Page 12 of 13 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/01/2026 at 20:33:13 Plaintiffs have made out a prima facie case for grant of ex parte ad interim injunction. Balance of convenience lies in favour of the Plaintiffs and in case interim relief is not granted, Plaintiffs will suffer irreparable loss and injury.

31. Accordingly, it is directed that till the next date of hearing, Defendant, its director(s), proprietor(s), promoters, partners, managers, employees, principals, agents, associates, affiliates, licensees, distributors, or any and all others acting on its behalf shall not, directly or indirectly, use the impugned mark to the extent it is similar/identical or deceptively similar to Plaintiffs' registered trademarks , , and other formative trademarks with distintive red-white-black colour combination and outline borders, in any manner whatsoever, on its channel and website(s) and/or any social media or any other platform, so as to amount to infringement. Defendant will, however, be at liberty to use the words/expression 'चचचा आज की' in a manner that does not infringe Plaintiffs' marks.

32. Plaintiffs shall make compliance with Order XXXIX Rule 3 CPC within 10 days from today.

JYOTI SINGH, J JANUARY 9, 2026/YA CS(COMM) 15/2026 Page 13 of 13 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/01/2026 at 20:33:13