'Duniyadari' Trademark Row | Delhi HC Orally Asks Zee To Reconsider Its News Show Logo; India Today Group Says 'Open To Talks'

The Delhi High Court on Wednesday heard India Today Group's suit alleging that Zee Media Corporation Limited has adopted a trademark for its news show 'Duniyadari [in Gurumukhi script ('ਦੁਨੀਆਂਦਾਰੀ')], which is deceptively similar to the Group's registered trademark used for a show on its digital platform 'The Lallantop'. After hearing both sides for about an hour, Justice Tejas Karia granted Zee Media time to file its reply and, in an oral observation, suggested that its counsel take instructions on making changes to the logo if they wished to "come out" of the suit.The bench, however, clarified that it has not made up its mind on the issue and will consider the case after a reply is filed in the matter.At the outset, Senior Advocate Asheesh Jain, assisted by Advocate Shahrukh Ejaz, appearing for the plaintiff (Living Media India Limited/India Today Group), argued that the defendant (Zee Media) is "not ready to give up the word" which is infringing their trademark 'Duniyadari'.For context, yesterday as well, Jain had objected to the use of the word 'Duniyadari' and the 'globe' object, claiming both formed part of the India Today Group's artistic work. When Zee's counsel responded today that the logo had been substantially altered and the 'globe' removed, Jain maintained his objection to the continued use of the word 'Duniyadari'. He contended that Zee Media is "passing off their show (in Gurumukhi script) as the plaintiff's programme", adding that the plaintiff had been using the mark long before the defendant. Jain submitted that since 2020, the programme has received large viewership, one episode garnering as many as 85 lakh views, reflecting the reputation built over time. "They just want to use my success...I have built this programme over a certain period of time...When you search on Interenet, my prigramme comes, but their programme shows too", he argued. He further questioned as to why the defendant had chosen the same word "in respect of the same population, in respect of the same belt" when his programme also receives views from Punjabi-speaking audiences. Counsel for the defendant, Advocate Rahul Vidhani, submitted that all similarities in design had been removed, retaining only the word 'Duniyadari' alongside the channel's own logo. "I have 30 channels. 'Duniyadari' is also used generally", he said, adding that the plaintiff's viewership figures [5 lakh, 2 lakh, 6 lakh in the last five years] were insufficient to establish reputation. He also said that the word 'Duniyadari' had not been registered as a word mark by the plaintiff.He further submitted that the term 'Duniyadari' is a common Hindi expression meaning 'worldly matters' and is descriptive when used in connection with news broadcasting of global events. As such, no single entity can claim a monopoly over a term that is generic and directly descriptive of the nature of news content. Furthermore, he submitted that Living Media's registration pertains only to a label mark, not the exclusive rights over the standalone word 'Duniyadari'. Granting exclusivity over such a term would unfairly restrict the use of a widely understood expression within the news industry. However, at this stage,Justice Karia observed, "Assume that a person can read both (Hindi and Gurumukhi), will he not get confused? You use the same word… as a whole, if you see, it is prima facie deceptively similar". The court noted that the object 'globe' in the logos cannot be registered separately. However, Vidhani counsel argued that it could be registered if it was artistic and likened the word's use to the Ramayana, where multiple creators produce distinct content. To this, Justice Karia retorted, "But do you have any scripture for 'Duniyadari'?" The defendant's counsel maintained that the word is common, citing a 2013 movie of the same name, and argued that the plaintiff began using it only in 2020. The Court, however, remarked, "There is no law allowing a deceptively similar trademark to continue". He then orally suggested changes to Zee's logo. When Jain said he had no objection to one week's time if they were directed not to upload any new videos with the mark, Justice Karia declined to dictate creative specifics: "I am not the creative director".Jain added that the plaintiff was open to sitting down with the defendants to discuss a resolution, indicating a willingness to settle the matter. However, he categorically stated that the India Today Group would not agree to the defendant's continued use of 'Duniyadari' for its news show.Consequently, the Court then directed the defendant to file its reply by August 22 and posted the matter for further hearing on September 2, asking the defendant to take instructions “if you want to come out of this.”Advocate Vidhani was assisted by Advocates Neha Vidhani, Dhruv Sikka, Saurabh Kumar and Lakshya Gupta. Case Background It is the case of the Plaintiff...

'Duniyadari' Trademark Row | Delhi HC Orally Asks Zee To Reconsider Its News Show Logo; India Today Group Says 'Open To Talks'

Sparsh Upadhyay

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