Living Media India Limited Vs Zee Media Corporation Limited

Living Media India Limited part of India Today Group launched Hindi news segment Duniyadari under device mark with globe sky clouds and landmarks on The Lallantop platform on 05 March 2020 registering the label mark in classes 16 35 and 41 on 16 February 2023 claiming extensive viewership and goodwill.

While Zee Media Corporation Limited launched similar Punjabi segment Duniyadari in October 2024 on Zee Punjab Haryana Himachal channel with similar logo.

Prompting plaintiff to file CS(COMM) 826/2025 with IA 19596/2025 under Order XXXIX Rules 1 and 2 CPC seeking ex parte ad interim injunction against infringement passing off and copyright violation. 

The court reasoned that Duniyadari word is suggestive not descriptive of news services but lacks acquired distinctiveness for independent protection under anti-dissection rule requiring holistic view of composite mark yet defendant's impugned mark is deceptively similar overall due to common elements like globe flags color scheme creating confusion for same services channels and consumers though defendant can use word without similar visuals. The application was disposed restraining defendant from using deceptively similar mark but clarifying no exclusivity on word alone.

Legal Point:

Suggestive marks not descriptive require evidence of acquired distinctiveness or secondary meaning for protection as independent word mark when part of composite device: Yatra Online Ltd. v. Google LLC, 2023 SCC OnLine Del 2947, Para 22; Para 21.

Registered composite labels protected holistically under anti-dissection rule without monopoly on individual elements like words absent distinctiveness: United Biotech Pvt. Ltd. v. Orchid Chemicals & Pharmaceuticals Ltd., 2012 SCC OnLine Del 2802, Para 18; South India Beverages Pvt. Ltd. v. General Mills Marketing Inc., 2014 SCC OnLine Del 1953, Para 19.

Deceptive similarity for infringement and passing off assessed by overall impression including visual phonetic structural aspects for identical services and consumers: Cadila Health Care Ltd. v. Cadila Pharmaceuticals Ltd., (2001) 5 SCC 73, Para 29; Para 30

Plaintiff cannot approbate and reprobate by distinguishing mark for registration then claiming exclusivity on element: Raman Kwatra v. KEI Industries Ltd., 2023 SCC OnLine SC 38, Para 26; Para 27.

Case Detail:Living Media India Limited Vs Zee Media Corporation Limited:09.01.2026: CS(COMM) 826/2025:2026:DHC:141: Hon'ble Mr. Justice Tejas Karia.

[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation]  

[Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]