Delhi High Court Shields ‘TOI’ Brand, Cracks Down On Fake Social Media Handles In Ex-Parte Order

Delhi High Court Shields ‘TOI’ Brand, Cracks Down On Fake Social Media Handles In Ex-Parte Order

Introduction

The Delhi High Court has granted an ex-parte ad-interim injunction in favour of Bennett, Coleman & Company Limited, restraining unauthorised operators from using the marks TIMES OF INDIA, TOI MOVIES, TOI_MOVIES and TOIMOVIES_ or any deceptively similar variations across social media platforms. The order was passed on February 20, 2026 by Justice Tushar Rao Gedela.

Factual Background

Bennett, Coleman & Company Limited, publisher of The Times of India, asserted that its mark had been recognised as a well-known trademark by the Trade Marks Registry in 2024. The company alleged that certain social media accounts, including @toimovies_, were impersonating its brand on Instagram, Facebook, Threads, X and YouTube. According to the plaint, these accounts had copied the plaintiff’s distinctive red circular TOI logo and created a misleading association with the plaintiff’s business. It was further alleged that the impugned accounts were monetising the brand’s reputation by circulating rate cards for paid promotions and embedding hyperlinks to the official Times of India website to generate public trust.

Procedural Background

The plaintiff instituted a trademark infringement and passing off action before the Delhi High Court seeking urgent interim relief. Upon hearing the plaintiff at the ex-parte stage, the Court proceeded to consider whether immediate injunctive protection was warranted in the absence of the defendants.

Issues

1. Whether the defendants’ use of the impugned marks amounted to infringement and passing off.

2. Whether the plaintiff had established a prima facie case for grant of ex-parte ad-interim injunction.

3. Whether directions to social media intermediaries for takedown and disclosure of subscriber information were justified.

Contentions of the Parties

Plaintiff: The plaintiff contended that “The Times of India” is a well-known trademark with substantial goodwill and reputation. The defendants had slavishly copied the distinctive TOI red circular logo. The impugned accounts were falsely representing association with the plaintiff.

The conduct amounted to a calculated scheme of fraud, including monetisation through paid promotions. Continued operation of such accounts would cause irreparable injury to reputation and financial harm to unsuspecting advertisers.

As the matter was heard ex-parte, no submissions were recorded from the defendants at this stage.

Reasoning and Analysis

The Court held that the plaintiff had established a strong prima facie case of trademark infringement and passing off. Justice Gedela observed that the balance of convenience was in favour of the plaintiff and that denial of interim relief would cause irreparable harm, both reputational and financial. The Court stated that, “The plaintiff would suffer irreparable loss and injury to not only its reputation and goodwill but the financial and monetary loss to innocent intending advertisers from the public in general, which may not be adequately compensated in monetary terms in case ex parte ad interim injunction is not granted.”

The Court was particularly persuaded by the allegation that the impugned accounts were using identical branding elements and embedding official hyperlinks to create false credibility. Given the nature of online impersonation and the speed at which digital content spreads, the Court found it appropriate to grant immediate protective relief.

Decision

The Court restrained the defendants, their agents, and all persons acting on their behalf from:

• Using the impugned marks as trademarks, trade names or logos;
• Using them as part of domain names or social media handles;
• Publishing content under such marks in electronic or physical media.
• The Court further directed the concerned social media intermediaries to:
• Block, suspend and take down the infringing accounts;
• Disclose complete Basic Subscriber Information of the account holders within three weeks.

The matter is listed before the Joint Registrar (Judicial) on April 28, 2026 for completion of service and pleadings.

In this case the appellant was represented by Ms. Mamta Rani Jha and Mr. Akhil Saxena, Advocates.