Delhi High Court: While hearing an application filed under Order 39, Rules 1 and 2 of the Civil Procedure Code, 1908, seeking an ex-parte ad-interim injunction against the defendant, the Single Judge Bench of Jyoti Singh, J, held that the defendant’s device mark used along with its word mark ‘CHARCHA AAJ KI’ was deceptively similar to the device mark used by ‘Aaj Tak’ news channel.
Accordingly, the Court restrained the defendants from using the impugned device mark but allowed them to use the word mark ‘Charcha Aaj Ki’.
Background
Plaintiff 1 is a company incorporated under the Companies Act, 1956 and is stated to be one of the major media corporations in India, engaged in diverse business activities ranging from printing, publishing of magazines, journals, periodicals and newspapers to running of news channels etc. Plaintiff 2 is the subsidiary of Plaintiff 1 and operates in popular electronic news channels including the news channel ‘AAJ TAK’.
The plaintiffs had averred that they are pioneers in starting one of the first 24-hour private Hindi news channel in India under the registered marks ‘AAJ TAK’, 
and 
.
Owing to decades long usage, zealous promotion and advertisement and consequent widespread popularity, goodwill and reputation garnered by the plaintiffs’ in ‘AAJ TAK’ trade marks, the mark ‘AAJ TAK’ has been declared as a ‘well-known mark’ as defined under Section 2 (1) (zg) of Trade Marks Act, 1999.
The plaintiffs submitted that they had conceived and adopted the word mark ‘AAJ TAK’ in 1995 and the same has been used continuously and consistently since then. Plaintiffs also conceived a distinct logo and composite mark which comprises of words ‘AAJ TAK’ written in Hindi in a unique font in white colour against a solid red background with a unique black outer lining/frame which is inherently distinctive of the plaintiffs and their news channels and allied goods and services. According to the plaintiffs, the distinctive colour combination being the dominant and essential elements of the AAJ TAK brand have acquired a secondary meaning and are associated with the plaintiffs.
In December 2025, the plaintiffs had discovered that the defendants had been operating a digital news channel on the Jio TV platform using the marks ‘CHARCHA AAJ KI’ and 
, which is deceptively similar to the plaintiff’s registered trade mark 
.
The plaintiffs stated that while they did not have any objection to use of word mark ‘चचचा आज की’, the defendant was not entitled to use the identical red-white-black colour combination as also registered device mark 
in the same manner, order and arrangement as used by the plaintiffs. The plaintiffs had further urged that an overall comparison of plaintiffs’ trademarks and impugned mark shows stark and striking similarities and trade channels being common with common viewers, confusion in the general public is inevitable especially since it was being used in the same space i.e in the field of news with common customer base.
The plaintiffs argued that the defendants were using the impugned mark solely to ride on the enviable reputation of the plaintiffs by misrepresenting to the public that its mark is associated with the plaintiffs and such an act amounts to passing off, thereby violating the common law rights of the plaintiffs.
Analysis, Law and Decision
The Court held that the plaintiffs had out a prima facie case for grant of ex parte ad interim injunction. Balance of convenience lay in favour of the plaintiffs and in case interim relief was not granted, plaintiffs would suffer irreparable loss and injury.
Accordingly, the Court restrained the defendant, its directors, proprietors, promoters, partners, managers, employees, principals, agents, associates, affiliates, licensees, distributors, or any and all others acting on its behalf, from, directly or indirectly, using the impugned marks to the extent it is similar/identical or deceptively similar to plaintiffs’ registered trademarks and other formative trade marks with distinctive red-white-black colour combination and outline borders, in any manner whatsoever, on its channel and websites and/or any social media or any other platform, so as to amount to infringement.
The Court also stated that the defendants would be at a liberty to use the words/expression ‘चचचा आज की’ in a manner that does not infringe plaintiffs’ marks.
[Living Media India Ltd. v. Charcha Aaj Ki, 2026 SCC OnLine Del 193, decided on 9-1-2026]
Advocates who appeared in this case:
For the Plaintiffs: Rahul Beruar, Nidhi Jain, Manini Sidhu, Aeshna Raghuwanshi, Advocates