Delhi High Court Restrains Journalist From Publishing News Under 'Kesari TV' Mark As Punjab Kesari Alleges Trademark Infringement

The Delhi High Court has restrained a freelance reporter from using 'Kesari TV' mark and related logo for providing news services in print or electronic mode till further orders. The court also ordered suspension of the domain name 'www.kesaritv.com'.

The order has been passed in a suit filed by the owners of Punjab Kesari newspaper who alleged that the defendant had got the domain name registered in his favour and concretised an internet presence under the name 'Kesari TV' with a logo  deceptively similar to its unregistered mark for 'Punjab Kesari TV'.  The plaintiff also said that it has been using the word mark 'KESARI TV' as well as 'PUNJAB KESARI TV' uninterruptedly since 2014, through the registered domain name 'www.kesari.tv'.

Issuing summons on the suit and notice on the application seeking interim relief, Justice C. Hari Shankar said a prima facie case of infringement on the part of plaintiffs against the defendants is made out and it is clear that the defendant, even while he was working as a freelance reporter for the media group, sought to capitalize on the goodwill earned by the plaintiffs and had the domain name registered in his favour.

Observing that the nature of services provided by the plaintiffs under their marks are the same as that provided by the defendants, Justice Shankar said:

"To a viewer of average intelligence and imperfect recollection, therefore, there is every likelihood of the viewer mistaking the services provided by the defendants under the impugned marks to be the services provided by the plaintiffs or associating the said services with the plaintiffs. This would tantamount to infringement within the meaning of sub-sections (1) and (2) of Section 29 of the Trademarks Act, 1999 and would also make out a prima facie case of Defendant 1 passing off of its services as those provided by the plaintiffs." 

While passing the ex-parte interim order against the defendant, the court said a clear prima facie case exists in the favour of the plaintiffs and the balance of convenience is also in favour of the plaintiffs. 

Title: PUNJAB KESARI PUBLISHING HOUSE PVT LTD & ANR vs AJIT SINGH BULAND & ORS

Citation: 2023 LiveLaw (Del) 169

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