LIVING MEDIA INDIA LIMITED Vs. JITENDRA V JAIN

JUDGEMENT

(1.) . The short controversy for the limited purpose of an interlocutory injunction is whether the name and style of "AAJ TAK" and its logo having distinctive features in relation to the News Channel is a generic term and as such is not the monopoly of any particular person either in relation to the news programme or otherwise. Put briefly the relevant facts are as under:-

(2.) . The plaintiff is carrying on its business of the production of the programme which is telecast on the Doordarshan Channel and transmitted ail over India and is the producer of the news programme in Hindi under the name and style of "AAJ TAK". It has been using the said trade name since 1.6.95 though had applied for its registration before the trade mark authorities on 13.9.95, It is also the case of the plaintiff that the layout and the script of words "AAJ TAK" is an artistic, exclusive and distinctive style and as a consequence the readers have identified the plaintiff's production not only by the trade mark "AAJ TAK" but also by its peculiar scriptive style. It is claimed that the plaintiff's name of the production "AAJ TAK" has become very popular on account of its continuous user and wide publicity through advertisements.

(3.) . I Some time in the last week of July, 1999 the plaintiff discovered from the reception office of the Maharashtra Sadan, New Delhi where the copies of the newspapers are circulated that the defendants have adopted the name of its news programme by printing and publishing the name and style of Khabrein "AAJ TAK". The adoption and use of the mark "AAJ TAK" was found to be an exact reproauction of the mark of the plaintiff in respect of their publication. The defendants are using this name without prior permission of the plaintiff. It is averred that the confusion or deception is inevitable. On account of this the plaintiff has suffered damages as to its name, reputation and goodwill and business and is likely to suffer further damages unless the defendants are injuncted from using the trade mark/name of the magazine "AAJ TAK" in respect of their magazine or newspaper or periodicals as it amounts to "passing off".