The Delhi High Court rejected the interim injunction filed by the India Today Group (Plaintiff) against the TV channel Nation Today (Defendant) for their use of Trademark ‘Today’. The court observed that, in the reply filed by India Today to the Examination Report issued by the Trademark Registry, it had submitted that the conflicting mark ‘Punjab Today’ was visually, structurally and phonetically dissimilar to their mark ‘India Today’. The Plaintiff was disqualified by their own submissions with regard to Punjab Today, for making such a claim against the mark ‘Today’. Further, the court ruled that the India Today Group could not claim an injunction against Nation Today despite it running the news channel ‘Headlines Today’ under a licensed agreement.
It was reiterated by the court that ‘Today’ was descriptive in nature for news related to products and services and hence one could not claim monopoly over such a descriptive term. Further, it was held that the mark ‘Headlines Today’ was not a registered mark under class 38 of goods and service description and the same mark was under objections before the Trademarks Registry since 2011. It was also pointed out by the court that the Plaintiff was not the owner of the brand name ‘Today’. The court ruled that ‘Today’ was not a well known trademark and that the India Today Group failed to file any document in support of the alleged use of this trademark since 1975.
The court further noted that in India Today’s mark, the word ‘India’ was written in smaller font compared to the word ‘Today’, while in the Nation Today’s mark, the word ‘Today’ was written in a smaller font compared to the word ‘Nation’. Therefore, there was no likelihood of confusion in the minds of viewers because of dissimilarities between the marks ‘India Today’ and ‘Nation Today’.
Image source: here