The use of the mark ‘CNN’ was plainly with knowledge of its reputation and goodwill, according to Justice Prathiba M Singh, and defendants, as journalists, should be assumed to be cognizant of this reputation.
The Delhi High Court has issued a permanent injunction against two people who are exploiting the CNN brand for their news service on social media platforms.
The use of the same mark for identical services is a clear infringement of CNN’s rights, according to Justice Prathiba M Singh, and there is no justification for the defendants utilising the same mark.
CNN was also given a cost of Rs. 3 lakh by Justice Singh.
The action claimed that Fayyaz Shaikh and Azhar Hussain were involved in the operation of the CNN News Khabar Update Marathi, CNN City News Network, and CNN Khabar Update channels.
CNN had already been granted an interim injunction by a court judgement dated March 24, 2021.
The defendants have not attended in court despite being served, but the fact that they have taken down YouTube videos, Twitter accounts, and other infringing profiles from social media platforms shows that they are aware of the proceedings.
As a result, it resolved to proceed against the defendants ex parte.
Even if the defendants’ network is called City News Network, Justice Singh stated that the use of the abbreviated form ‘CNN’ would be illegal due to the well-known character of the CNN 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 went on to say that the current case is a good fit for a permanent injunction prohibiting the defendants from using, broadcasting, or telecasting any news or other programme under the mark ‘CNN,’ and from using ‘CNN,’ with or without a prefix, for any goods or services that are cognate and allied to the plaintiff’s news 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’.”
The plaintiff was represented by Pravin Anand, Dhruv Anand, and Udita M Patro.
The defendants had no witnesses.
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