Delhi HC restrains magazine from using trademarks "deceptively or phonetically" similar to 'Aaj Tak'

In yet another case of trademark infringement, on November 18, the Delhi High Court restrained a woman who is the owner, printer, and publisher of fortnightly magazine 'Aaj Tak Aamne Saamne' as well as its Chief Managing Director, the owner of aajtakaamnesaamne.com\ naajtakaamnesaamne.com, from using any name that is "deceptively or phonetically" similar to the trademarks owned by Living Media India Ltd.

Living Media—an Indian media conglomerate that owns and operates news channels such as Aaj Tak, India Today Television, etc—had filed a suit for injunction against the woman as well as the Chief Managing Director.

Notably, the name of the fortnightly magazine, 'Aaj Tak Aamne Saamne', owned, printed, and published by the woman corresponds to a program called 'Aaj Tak Aamne Saamne' which is hosted by news channel Aaj Tak.

According to the court, Living Media has established that it was the registered proprietor of the trademark 'Aaj Tak' and it has a statutory right to the exclusive use of the same.

The court said, "There is a clear violation of the rights of the plaintiffs (Living Media). It is also clear that the plaintiffs have been using their mark since 1995. The act of the defendants lacks bonafide.”

The court added, "The goods and services sold under the deceptively similar trademark will also lead to passing off the goods and services of defendants as that of the plaintiffs."

Observing a clear violation of the rights of Living Media, the court finally directed the woman and Chief Managing Director of magazine 'Aaj Tak Aamne Saamne' to pay damages of Rs 1 lakh to Living Media.