HC: ANINEWSINDIA is violative of Trademark ANI, Permanent Injuction Order passed, Read Order

The Delhi High Court has issued order granting permanent injunction against 'ANINEWSINDIA' in a trademark infringement suit filed by news agency 'ANI'.

The single-judge bench of Justice Pratibha M. Singh noted that the defendents were using ANI not merely as a mark but also as a domain name/website.

The plaintiff submitted that its mark ANI is an integral part of the its registered domain names www.aniin.com and www.aninews.in since 1999 and 2010 and have been used uninterruptedly since then. The Plaintiff is also stated to have a vast digital presence with more than 6.3 million followers on its Twitter account. 

The Plaintiff’s right in the mark ‘ANI’ is clearly established due to the prior adoption and registration by the Plaintiff. Defendant Nos.1 and 2 seek to use the same identical mark in respect of news and media related services, the Court noted.

"The Defendant launched a website by the name www.aninewsindia.com representing themselves as ‘ANINEWSINDIA’. The said website is a news related website. The Defendants were thus using  ANI not merely as a mark but also as a domain name/website."

Noting that services offered by both the parties are identical and thus bound to create cofusion, the Court observed:

"A perusal of the documents filed on record along with the plaint and the application under Order XXXIX Rule 2A CPC leaves no manner of doubt in the mind of the Court that Defendant Nos.1 and 2 intend to misuse the Plaintiff’s mark ‘ANI’. The services being offered by Defendant Nos.1 and 2 are also identical i.e., news related services. Thus, the Plaintiff’s rights CS (COMM) 703/2021 Page 5 of 7 would be severely affected apart from the fact that internet users could be deceived into believing that Defendant Nos.1 and 2, their various platforms, including the website and the social media platform, are connected and or affiliated with the Plaintiff."

Read Order Here: