TRADEMARK DISPUTE: AAP KI ADALAT VS BAAP KI ADALAT

INTRODUCTION

Independent News Service Private Limited, a company incorporated in 1997, and its Chairman and Editor-in-Chief, Shri Rajat Sharma, a renowned news presenter and anchor who has hosted, program like, ‘Aap Ki Adalat,’ the longest-running television show in India, has recently moved to the Delhi High Court for the protection of their show and channel name, as well as Mr Sharma’s personality rights. Mr. Sharma filed an application against an infringer using a trademark/logo deceptively similar to ‘India TV’ and ‘Aap Ki Adalat’.

Personality Rights: Personality rights refers to an individual’s right to protect their personality. These rights are primarily vested in persons who have attained the status of a celebrity”. Personality rights include two types of rights: The Right to Publicity and the Right to Privacy.  These rights encompass various aspects of a celebrity’s public persona, including its name, voice, signature, images  etc.

Deceptively Similar : Section 2(h) of the Trademark Act, 1999 defines as a  mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive the general public or cause confusion in their minds.

FACTS OF THE CASE

  • The plaintiffs are the registered proprietors of several trademarks, including “INDIA TV” and “AAP KI ADALAT,” a well-known television program.
  • Shri Rajat Sharma filed an application seeking permanent injunction (Order XXXIX Rules 1 and 2 of the Code of Civil Procedure) against defendant Ravindra Kumar Chaudhary, a self-proclaimed political satirist, who had been creating and publishing video and audio content on social media platforms.
  • The plaintiffs alleged that the defendant hosts a show called “Baap Ki Adalat,” which is deceptively similar to their trademark/logo, “Aap Ki Adalat.”
  • The plaintiffs claimed that the defendant’s usage was identical to their own, causing confusion among the public and infringing on their registered trademarks.

INTERIM RELIEF GRANTED

The Delhi High Court granted following reliefs in favour of the plaintiff:

  1. Trademark and logo use restrained: The court restrained the defendant and all those acting on his behalf from using the trademark/logo “Baap ki Adalat” or any deceptively similar marks/logos to “Aap ki Adalat” across various mediums.
  2. Protection of Personality Rights: The defendant was prohibited from using Rajat Sharma’s photograph, video, or name in any form, ensuring his personality rights were not violated.
  3. Content removal: The court directed the Internet platforms ‘X’ (formerly Twitter), YouTube, and Facebook (Meta) to remove the disputed content, including social media posts and links containing the trademarks/logos “Baap ki Adalat” and any other deceptively similar marks/logos.

Conclusion

The Delhi High Court, after considering submissions and evidence, granted an ex parte ad interim injunction in favour of the plaintiffs. The court noted that the plaintiff is likely to suffer irreparable loss if an injunction is not granted. The injunction restrained the defendant from further use of the mark/logo “Baap ki Adalat” and ordered the removal of all related content from social media platforms. This case highlights the importance of protecting intellectual property rights and preventing unauthorised use that could affect goodwill and reputation.

References

  • Independent News Service Private Limited v. Ravindra Kumar Chaudhary, 2024 SCC OnLine Del 4380
  • https://brandequity.economictimes.indiatimes.com/news/media/india-tv-chairman-rajat-sharma-wins-lawsuit-in-delhi-high-court/110891805

AUTHOR: Divyanshi Gautam, Student of School of Law, ITM University, Gwalior