In the matter of Living Media India Limited & Anr. (Plaintiffs) vs Vijayan Madhavan Praveen & Anr. (Defendants) Plaintiffs have filed the case before the High Court of New Delhi for permanent injunction restraining the Defendants from infringement and passing of the Plaintiff’s trademark and copyright. Plaintiffs state that they form a part of a media conglomerate in India and have enormous presence in both print and electronic media. The Plaintiffs state that they became aware that the Defendants use of the domain name “INDIATODAY24X7.COM” to publish and disseminate Tamil news and that the Defendants have also copied the design, logo and colour scheme of the Plaintiff. Plaintiffs further allege that the defendants also run a twitter handle @indiatodaywebtv, and run a You Tube channel using the impugned domain name. The Plaintiffs allege that the Defendants have adopted the Plaintiff’s trademark “INDIA TODAY” and “TODAY”, its logo/design and colour scheme for exactly the same goods/services as that of the Plaintiff’s. Plaintiffs allege that the mala fide acts of the Defendants were to enrich the Defendants at the expense of the Plaintiff, which is detrimental to the distinctive character, reputation and goodwill of the Plaintiff.
HC observes that the Defendants did not have any prospect for claiming their defence as they had neither entered appearance nor filed any written statements. HC further observes that the Plaintiffs are the registered owners of the impugned trademark. HC notes that the triple identity test is satisfied as the Defendants have made use of the identical/deceptively similar trademark in relation to identical services having an identical trade/distribution channel.
HC decrees the matter in favour of the Plaintiffs and grants a decree of permanent injunction against the Defendants from using the impugned trademarks of the Plaintiffs and a decree of mandatory injunction directing the Defendants to transfer the Defendant’s domain name and platform using impugned trademark to the Plaintiffs.