Telecom — India Trademark Cases
8 decisions indexed
Page 1 of 1 · 8 total
Ht Media Limited & Anr. v.Hindustan Live News & Ors.
The Delhi High Court granted a temporary injunction in favor of Ht Media Limited against Hindustan Live News, finding a prima facie case of trademark infringement, passing off, and unfair competition. The court restrained the defendant from using identical or deceptively similar marks like 'HINDUSTAN LIVE NEWS' and directed Meta Platforms Inc. (Facebook/Instagram) and Google LLC (YouTube) to immediately remove infringing content. This ruling underscores the judiciary's willingness to protect established brand goodwill in the digital media space.
ATC IP LLC & Anr. v.Owner Of <Https://Atcindiatower. In/> & Ors
The Delhi High Court ruled in favor of ATC IP LLC, granting a permanent injunction against the operators of infringing domain names. The court found that the defendants' websites copied the plaintiffs' registered trademarks ('ATC', 'ATC India') and logos, causing potential misuse. Furthermore, the court ordered NIXI to facilitate the transfer of the infringing domain name www.atctower.in to ATC IP LLC, effectively resolving the dispute through summary judgment.
Bennet, Coleman And Company Limited v.Fashion One Television Llc and The Registrar of Trademarks
The Delhi High Court ruled in favor of Bennet, Coleman And Company Limited, quashing the trademark registrations held by Fashion One Television Llc. The court found that the respondent's mark infringed upon the petitioner's established 'NOW'-centric family of marks (such as TIMES NOW and ET NOW) because both operate within the same Class 38 for broadcasting services. The judgment emphasized that a viewer would likely associate the impugned mark with the petitioner’s repertoire, establishing a subsisting interest in the common element 'NOW'.
Tata Sky Limited v.National Internet Exchange Of India (NIXI)
Tata Sky Limited filed suit seeking permanent injunction against an individual (D-3) for passing off the 'TATA SKY' trade mark, and mandatory injunctions against NIXI (D-1) and GoDaddy (D-2) to prevent or extinguish deceptively similar domain names. The court granted decrees in favor of Tata Sky Limited against D-3, ordering permanent injunction, and against D-1 and D-2, directing the extinguishment of specific listed domain names.
Pr. Commissioner Of Income Tax-2, Chandigarh v.M/s Mobisoft Tele Solutions P. Ltd.
The appeal challenged the Assessing Officer's order disallowing royalty payments made by M/s Mobisoft Tele Solutions P. Ltd. to Tarun Mohan for using the brand name 'phoneytunes.com'. The court held that since Tarun Mohan merely licensed the trademark, and the company was a separate legal entity, the payment of royalty was permissible as business expenditure.
Times Internet Ltd. v.Time Broadband Services Pvt.Ltd.
The Delhi High Court ruled in favor of Times Internet Ltd., finding that the defendant's use of 'timebroadbandindia.com' constituted trademark infringement and passing off against the plaintiff's established brand, 'indiatimes'. The court emphasized the priority of adoption and the extensive reputation built by the plaintiff over its digital assets. Consequently, a permanent injunction was granted, along with punitive damages.
Bharti Airtel Ltd v.Airtelasia & Ors
The Delhi High Court ruled in favor of Bharti Airtel, confirming a decree against Defendant No. 1 for trademark infringement and passing off. The court found that the defendant's use of 'AIRTELASIA' was identical and deceptively similar to Airtel's well-known mark 'AIRTEL,' leading to consumer confusion. Furthermore, the defendants were ordered to transfer the domain name www.airtelasia.com to Bharti Airtel.
Bharati Cellular Ltd. v.Jai Distillers P. Ltd.
The Bombay High Court ruled in favor of Bharati Cellular Ltd., finding that Jai Distillers P. Ltd. was engaging in passing off and copyright infringement. The court determined that the defendant's use of the identical word mark 'AirTel,' combined with an absolutely identical artistic label design and color scheme, constituted dishonest copying. Despite the goods being different (telecom services vs. alcoholic beverages), the similarity led to a clear likelihood of consumer confusion, warranting an injunction.
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