Delhi High Court Directs Google, Facebook To Block Websites, Domain Names Infringing 'AAJ TAK' Trademark

The Delhi High Court has directed Google and Facebook to block or suspend certain websites and domain names for infringing trademark 'AAJ TAK'.

Justice Suresh Kumar Kait extended the interim injunction order passed in September last year in the matter to be applicable to such websites and domain names wherein the Court was of the view that the plaintiff company had established a prima facie case in it's favour.

The development came in a suit filed by Living Media India Limited, a parent company of the Aaj Tak, who had submitted before the Court that they were the owners of the trademark 'AAJ TAK' along with it's device and composite mark.

Earlier, the plaintiff had submitted that the defendants were using their trademark as part of their websites or domain names thereby misleading the public and causing immense losses to them.

"The extensive use and awareness of the plaintiffs' trademarks and device/composite mark is apparent if one were to take into account the figures concerning turnover and advertisement spend set out in the plaint," the Court had observed in the order passed in September last year.

During the course of hearing on Monday, the Court was of the view that if the new defendants are not impleaded as necessary parties in the suit, it will prima facie amount to "immense loss of goodwill and reputation on account of the unlawful activities of these proposed defendants".

Accordingly, impleading the said defendants, notice was issued to them which is returnable on October 18, 2021.

"Till the next date of hearing, the interim injunction order dated 24.09.2020 shall also imply upon defendants No. 9 to 12, 14, 15, 17 to 25 and 27 to 36 as well as proposed defendants No.13, 16 and 26. Accordingly, defendant No.2 as well as defendants No.13, 16 and 26 are directed to block/suspend the websites /domain names/ web platforms pertaining to defendants No. 9 to 12, 14, 15, 17 to 25 and 27 to 36," the Court added.

In a similar development, the High Court had, in June this year, restrained TRACTOR2TWITTER, claiming itself to be an online community of persons interested in Farmers Protests, from making defamatory posts against news channel AajTak on its social media accounts, after forming a prima facie opinion that the alleged posts uploaded by it were defamatory that used objectionable and abusive language.

AajTak had moved the High Court against TRACTOR2TWITTER for its "malicious and defamatory campaign" run against the news channel and its employees across their social media platforms including Twitter, Facebook, Telegram and Instagram.

Appearance: Advocates Rahul Beruar and Jyotsana Sinha appeared on behalf of the plaintiff.

Title: LIVING MEDIA INDIA LIMITED & ANR v. WWW.NEWS-AAJTAK.CO.IN & ORS.

Click Here To Read Order