DATE OF JUDGMENT: 29.07.2022
CASE: CS(Comm) 551 of 2021
NAME OF HON'BLE COURT: High Court of Delhi
NAME OF HON'BLE JUDGE: The Hon'ble Justice Asha Menon
CASE TITLE: TV Today Network Vs News Laundry Media
The Plaintiff namely INDIA TODAY GROUP is a well known Media News Company and owner and proprietor of Trademark AAJ TAK since the year 2009. It was the claim of Plaintiff that in the year 2021, the Plaintiff launched a new channel named „Good News Today‟ or „GNT‟, which was a 24x7 Hindi News Channel and was meant to broadcast true stories that foster goodwill and enrich the lives of the audiences.
The subject matter suit was filed by the Plaintiff against the ground inter alia that the same has not only published the copyrighted video contents of the Plaintiff thereby making themselves guilty for copyright infringement but also has lowered the goodwill of plaintiff there by guilty of defamation also.
The Hon'ble Court rejected the argument of the Defendant that the subject matter suit is not a commercial dispute by making reference to Section 2(1)(c) of commercial court Act which says that all disputes arising of various clauses mentioned therein, are commercial disputes. As the subject matter suit was arising out of copyright infringement and defamation , the same was held to be commercial dispute.
The Hon'ble High Court was pleased to reject this argument of the Defendant that their activities were protected under right to comment. The Court observed further that use of words by defendants such as, “shit standards”, “shit playing” on the channel, “shit reporters”, “shit show”, would show, that programmes/shows of the plaintiff are bad. There by their activities are not covered under the right of fair criticism , but rather they are defaming the Plaintiff.
The Hon'ble Court also found the Defendant prima facie guilty of infringement of copyright and defamation, however injunction in favour of the Plaintiff was declined as balance of convenience was titled in favour of the Defendant.
Ajay Amitabh Suman, IPR Advocate, Hon'ble High Court of Delhi
ajayamitabh7@gmail.com, 9990389539
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