Delhi HC on Domain Name and Anti-Injunction Suit

HT Media Limited & Anr. Vs. Brainlink International, Inc. & Anr. (Delhi High Court); CS (COMM) 119/2020 and IAs 3767-3771/2020; 28.04.2020

FACTS 

In the present case, HT Media Ltd. (Plaintiff No. 1) is engaged in the business of print media, radio, internet, etc. and is one of the foremost media houses in India with its leading English publication ‘Hindustan Times’. Plaintiff No. 2 is a Subsidiary of Plaintiff No.1 and is also engaged in the business of print media with its Hindi leading publication ‘Hindustan’. Plaintiff Nos. 1 and 2 belong to ‘Hindustan Times’ Group.

Plaintiff is a registered proprietor of the trademarks ‘Hindustan’ and ‘Hindustan Times’ in India and enjoys both statutory rights under the Trade Marks Act, 1999 (the Act) as well as rights under the common law, arising from goodwill and reputation with respect to the Trademarks.

The Plaintiff submits that the trademarks have been continuously and uninterruptedly used by the Plaintiffs and its Group/Subsidiaries, since 1920s and 1930s, respectively and form an essential and dominant part of the corporate name of the ‘Hindustan Times’ Group.

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