ARTICLE
18 September 2024

Delhi HC Rules In Favour Of Rajat Sharma And His News Channel

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The Delhi HC vide its order dated May 30, 2024 ("Order"), passed in the matter of Independent News Service Private Limited and another vs. Ravindra Kumar Chaudhary and others...
India Delhi Intellectual Property
  • The Delhi HC vide its order dated May 30, 2024 ("Order"), passed in the matter of Independent News Service Private Limited and another vs. Ravindra Kumar Chaudhary and others [I.A. 31295/2024 IN CS(COMM) 498/2024] , has granted ex-parte ad-interim reliefs to veteran journalist Rajat Sharma (Plaintiff No.2) and his news channel till the next date of hearing, in a suit filed inter alia for seeking a decree of permanent injunction against Defendants from using the mark/logo of Plaintiff's news channel and its show 'Aap ki Adalat' or any other trademark/logo deceptively similar to the trademark/logo of the Plaintiff's news channel and the said show.
  • Plaintiffs being aggrieved by Ravindra Kumar Chaudhary (Defendant No.1), who is a self-proclaimed political satirist creating and publishing various audio and video content on social media, sought temporary injunction to restrain the Defendant No. 1 from using deceptively similar mark including of the popular TV programme of the Plaintiffs.
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  • The Delhi HC after considering the rival marks was satisfied that Plaintiffs have made out prima facie case. Accordingly, the Delhi HC vide the said Order restrained the Defendant No.1 and all those acting on its behalf from using deceptively similar mark of Plaintiff's channel, including one of their principle and popular program. The Delhi HC also directed the social media platforms (Defendant Nos.2 to 4) to remove all existing content that infringes on the plaintiffs' rights, including videos and social media posts. Lastly, the Delhi HC emphasized the need of protection of Rajat Sharma's personality rights and restrained the Defendant No.1 from using/dealing in any manner with the photograph, video and name of Rajat Sharma, either as trademark/logo/trading style, domain name, social media posts, audio video content, or in relation to any services.

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