Delhi High Court restrains two journalists from using 'CNN' mark on TV, social media

The Delhi High Court has granted a permanent injunction in favour of American broadcaster Cable News Network (CNN) restraining two people from using the trademark CNN for their news service on social media platforms..Justice Prathiba M Singh said that use of the identical mark for identical services is clear infringement of CNN’s rights and there is no justification for the defendants using the same mark.Justice Singh has also awarded a cost of ₹3 lakh in favour of CNN..The suit argued that the two defendants, Fayyaz Shaikh and Azhar Hussain were involved in running the channels 'CNN News Khabar Update Marathi', 'CNN City News Network' and 'CNN Khabar Update'..An interim injunction was already existing in favour of CNN through the court's order of March 24, 2021. The Court noted that despite being served, no one has appeared for the defendants but the fact that they have taken down YouTube videos, Twitter and other infringing accounts from social media platforms made it clear that they are well aware of the proceedings. It, therefore, decided to proceed ex parte against the defendants..Justice Singh said that even if the name of defendants’ network is City News network, the use of abbreviated form ‘CNN’ would be impermissible owing to the well-known nature of the CNN’s mark. “The use of the mark ‘CNN’ is clearly with knowledge of the Plaintiff’s goodwill and reputation, as also, considering that the Defendants, being journalists/persons in the media business, are deemed to be well aware of the reputation of the Plaintiff’s mark and the rights of the Plaintiff in the said mark,” the Court noted. It added that the present matter is fit case for grant of a permanent injunction against the defendants from using, broadcasting, telecasting any news or any other program under the mark ‘CNN’ and using ‘CNN’ in any manner, with our without prefix for any goods or services which are cognate and allied to the plaintiff’s news services or other related services.“The Defendants shall also refrain from posting any tweets or uploading any videos or putting up any content on the internet using the mark/name ‘CNN’.”.Advocates Pravin Anand, Dhruv Anand and Udita M Patro appeared for the plaintiff.None appeared for the defendants..[Read Order]