Lawstreet Journal

"Reputation & Goodwill Well Established": John Doe Order Passed in Favour Of 'AAJ TAK' In Trademark Suit. Know What It Means

Lawstreet Journal 6 Apr 2022 4:50am

Image courtesy: Lawstreet Journal Business "Reputation & Goodwill Well Established": John Doe Order Passed in Favour Of 'AAJ TAK' In Trademark Suit. Know What It Means

The Delhi High Court, observing that the reputation and goodwill in the name and mark 'AAJ TAK' is well established, passed an order in favour of the news channel in a trademark infringement suit that it had filed against several entities.

Justice Pratibha M Singh passed the order as ‘John Doe’ since the owner of the impugned domain name was anonymous. 

The suit was filed by Living Media India Limited which had registered the mark 'AAJ TAK'. Living Media India contented that 'AAJ TAK' was a well-known name being extensively used on social media. The Plaintiff (LMI) had created various accounts, profiles and handles on social media and content sharing platforms such as Facebook, Twitter, YouTube, and Instagram etc. having an enormous outreach. The plaintiff submitted that various other known and unknown parties had started using its trademark 'AAJ TAK' on online platforms including Facebook, Twitter, and Instagram. 

The plaintiff submitted that many amongst these channels had been using infringing marks while many were adding 'TAK' as suffix. The plaintiff opined that such arbitrary and indiscriminate use of 'AAJ TAK' mark by other online stakeholders was totally unlawful.

Defendant Nos.1 to 30 mentioned in the suit, were anonymous websites, YouTube channels, social media pages, social media handles, and social media accounts which were violating the registered marks of the Plaintiffs in some way or the other.

Counsels for Twitter and Google had argued that they were only intermediaries and they shall only take any action subsequent to an order… Continue Reading...

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