Delhi HC rules in favour of India TV chairman Rajat Sharma in ‘Personality Rights and Trademark Case’

Delhi: India TV and Rajat Sharma have achieved a legal victory, protecting their trademark and personality rights from misuse of the India TV logo and the "Aap Ki Adalat" show and mark. 

The Delhi High Court has ruled, in an interim order, in favour of the senior journalist, Sharma, recognising his personality rights and India TV's trademarks/logos.

 

India TV and Sharma initiated legal action by filing a suit for a permanent injunction before the Delhi High Court, seeking relief against an infringer who was unlawfully using trademarks/logos resembling "India TV" and "Aap Ki Adalat." 

The infringing party, identified as "Jhandiya TV " was utilising an identical logo and the name " Baap ki Adalat " Additionally, the plaintiffs sought an injunction to prevent the unauthorised use of any photograph, video, or name of Sharma, in violation of his personality rights, across various mediums including trademarks/logos, trading styles, domain names, social media posts, audio-video content, and related services.

The court issued an interim order granting protection in the following terms :-

 

1- Trademark and Logo Use Restrained: The infringing party and its representatives are barred from using the disputed trademark/logo, such as "Baap ki Adalat," or any deceptively similar marks/logos to "India TV" and "Aap Ki Adalat" across various mediums including trademarks, trade names, logos, trading styles, domain names, social media posts, audio-video content, and related services.

2- Protection of Personality Rights: The infringing party and its representatives are prohibited from using the photograph, video, or name of Sharma in any form (e.g., trademarks, logos, trading styles, domain names, social media posts, audio-video content, or related services) to prevent the violation of Sharma's personality rights.

3- Content Removal: Internet platforms ['X' (formerly Twitter), YouTube (Google India Private Limited), and Facebook (Meta)] have been directed to remove the disputed content, including social media posts/links containing the infringing trademarks/logos and any other deceptively similar marks/logos identified in the court application. Additional links identified by India TV must also be removed.