Delhi High Court Enforces Trademark Rights for ‘Aaj Tak’
In a significant legal development, the Delhi High Court has prohibited a Gujarati newspaper from using the name ‘Saurashtra Aaj Tak’, following objections from the well-known news channel Aaj Tak. The court ruled that the usage constituted passing off, misleading the public into believing an association with Aaj Tak. The case, TV Today Network v. Saurashtra Aaj Tak and Another, was adjudicated by Justice Mini Pushkarna.
Trademark Dispute and Court’s Decision
The court instructed the newspaper to rebrand with a name that is neither similar nor likely to be confused with the ‘Aaj Tak’ trademark, which is owned by TV Today Network. Justice Pushkarna remarked that ‘Aaj Tak’ has gained a secondary meaning, symbolizing the distinct news services provided by TV Today Network. The judgment stated, “The emphasis on ‘Aaj Tak’ in ‘Saurashtra Aaj Tak’ clearly suggests an attempt to capitalize on the established reputation of TV Today.”
Background of the Legal Battle
This ruling came after TV Today appealed a February 2012 decision by a Delhi trial court. The conflict began in December 2002 when TV Today discovered that ‘Saurashtra Aaj Tak’ was being circulated in Gujarat’s Saurashtra region. A legal notice was issued in January 2003, followed by a passing-off lawsuit in April. Initially, the trial court allowed the newspaper to continue using the name with a disclaimer highlighting no affiliation with Aaj Tak, while prohibiting any implied association.
Aaj Tak’s Established Trademark
The High Court emphasized that Aaj Tak, which premiered as a news segment on Doordarshan in 1995 before evolving into a 24-hour channel in 2000, has a registered trademark under Classes 38 and 41 through Living Media India Limited. During the appeal, it was recognized as a well-known trademark. The court ruled that notwithstanding the dictionary nature of ‘Aaj’ and ‘Tak’, their combined use had become uniquely associated with the channel, warranting legal protection.
Court’s Final Ruling and Implications
Justice Pushkarna criticized the trial court’s assumption that the newspaper established independent goodwill, noting the lack of evidence or witness testimony from the newspaper. She clarified that an intent to deceive is not mandatory in passing-off cases, nor is proof of actual confusion or damage if likelihood is demonstrated. Consequently, the High Court overturned the trial court’s decision, issuing a permanent injunction against the use of ‘Aaj Tak’ by the newspaper.
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TV Today’s legal team included Advocates Hrishikesh Baruah, Radhika Gupta, Nishtha Sachan, Saket Verma, Utkarsh Dviwedi, Kumar Kshitij, Pragya Agarwal, and Yashashwy Ghosh. The respondent newspaper was represented by Advocates Arjun Mahajan, Sumit R Sharma, Raghvendra N Budholia, Sagar Agarwal, Piyush Gautam, Harshit Kapoor, Manav Singh, Siddharth Bajaj, Aryan Verma, and Bhavya Arora.
