M/S. HT MEDIA LTD. Vs. NAVNEET CHATURVEDI

JUDGEMENT

(1.) This a suit for permanent injunction, infringement of trademark, passing off, rendition of accounts and damages filed by the plaintiffs against the defendants.

(2.) The case of the plaintiffs is that they are one of the leading media houses in India engaged in print media, radio, internet etc. The plaintiffs claims to be the parent entity with its business extending in various dimensions, but per instant suit, they principally are engaged in the publication business of newspapers 'HINDUSTAN TIMES'. It is the case of the plaintiff that their newspaper is pioneer in the business with its editorial excellence and integrity. At present, HINDUSTAN TIMES has an increased readership of over 3.7 million readers. The plaintiff No.2 has a prominent internet presence through its website www.hindustantimes.com amongst others, which is primarily a news website. The plaintiff No.2 is the owner of the same which was registered in Aug., 1996. The trade mark 'HINDUSTAN TIMES' has been continuously and uninterruptedly used by the plaintiffs since the year 1921 which has become extremely popular and well-known and is exclusively associated with the news publications published by the plaintiffs. The trade mark HINUSTAN TIMES is a unique combination/collocation of words in the English language thereby making the said trade mark distinctive one. The said trade mark has therefore become synonymous with the plaintiffs apart from having virtually become a household name in India. Thus, use of the trade mark HINDUSTAN TIMES in connection with any goods or services clearly leads the members of the public to infer that the source/origin of the said good/ service is the plaintiffs only. It is also the case of the plaintiffs that Hindustan Times is the corporate name/trading style of the plaintiff No.2; 'The Hindustan Times Limited', was incorporated in the year 1924. In the year 2003, the Hindustan Times Limited transferred its media business including its news publication business to its subsidiary M/s HT Media Limited. Further, by virtue of agreement dated 15.08.2003, the plaintiff No.1 is the subsequent proprietor of all the intellectual property rights including in the trade mark 'HINDUSTAN TIMES'. The HT Logo is a registered trade mark owned by the plaintiff No.1. By virtue of distinctiveness and prior, continuous, extensive and significant use of the trade marks 'HT' and HT Logo, in respect of any product or services are known and associated by members of the public to be used by the plaintiffs. The plaintiffs have established tremendous goodwill and reputation in respect of the trade marks 'HINDUSTAN TIMES' and HT on account of the high quality of news reporting.

(3.) The details of the registered trademarks have been mentioned in para 11 of the plaint. The details of the revenue turnover and expenses for last three years are incorporated in para 13 of the plaint. Further, the case of the plaintiffs against the defendants is that somewhere in first week of June, 2014, the plaintiffs came to know that a website providing news in Hindi is being operated from the web domain www.hindustantimesonline.com. It appears to have been started on 01.04.2014 and it boasts of having a daily traffic of over 1,00,000 users including readership from ministers, bureaucrats, business people, professionals, students, academicians and scholars among several others. Their website www.hindustantimesonline.com and its webpages are registered in the name of defendant No.1. The defendant No.1 claims to be the Chief Editor of the defendant website and he is also believed to be using an e-mail id as chiefeditor @ hindustantimesonline.com by which he communicates with third parties as the Chief Editor.