The Delhi High Court ruled that the proposed use of the trademark “Nation Today’ for a new TV news channel doesn’t amount to infringement of the registered trademark ‘India Today’, and thus refused to grant interim injunction to the plaintiff.

The Court said that the plaintiff once himself claimed before the trademark registry that the trademark ‘Punjab Today’ is dissimilar to ‘India Today’ and plaintiffs cannot now allege similarity (at the interlocutory stage) between ‘Nation Today’ and their own trademark ‘India Today’ and particularly when the plaintiff’s registered trademark is not being used till date for any TV news channel under Class 38.

The Court observed, “Even otherwise in the mark ‘INDIA TODAY’ the word ‘INDIA’ is of a very small font as compared to the word ‘TODAY’ while the word ‘TODAY’ in the defendants’ mark ‘NATION TODAY’ is of a much smaller font than the word ‘NATION’. Prima facie, there is no likelihood of any viewer of TV news channel getting misled into believing that the news channel ‘NATION TODAY’ is a part of ‘INDIA TODAY GROUP’, as is the apprehension of the plaintiffs and particularly when in India as well as in other countries of the world also there are many TV news channels using the word ‘TODAY’”.

About DSLegal

A full service international law firm based in New Delhi with an office in Chicago, USA.
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