Delhi HC restrains use of 'Baap Ki Adalat', rules in favour of Rajat Sharma

IndiaTV editor-in-chief Rajat Sharma filed a lawsuit against Ravindra Kumar Choudhary for creating and publishing audio-video content on social media platforms using marks similar to 'Aap Ki Adalat'

The Delhi High Court has issued an interim order restraining an individual from using the mark ‘Baap Ki Adalat’ following a lawsuit filed by journalist Rajat Sharma, editor-in-chief of IndiaTV, alleging trademark and personality rights infringement, according to a report by the Indian Express.

Justice Anish Dayal, presiding over the single-judge bench, ruled on May 30 that the defendant, Ravindra Kumar Choudhary, is prohibited from using Sharma’s photograph, video, and name in any capacity, including as a trademark, logo, trading style, domain name, or in social media posts and audio-video content, which could infringe upon Sharma’s personality rights.

The court’s decision came in response to a lawsuit filed by Sharma and his company, Independent News Service Private Limited, which owns the IndiaTV news channel. The plaintiffs argued that Choudhary, a self-proclaimed political satirist, had been creating and publishing audio-video content on social media platforms using a logo and the mark ‘Baap Ki Adalat’, which they claimed was deceptively similar to IndiaTV’s logo and its popular show ‘Aap Ki Adalat’.

 

Sharma pointed out that Choudhary’s use of the logo for social media posts was identical to how he has used his trademark on his channels. The High Court found that the plaintiffs had established a ‘prima facie case’ for an ex parte ad interim injunction until the next hearing, noting that the balance of convenience favoured the plaintiffs and that they were likely to suffer irreparable harm if the injunction was not granted.

The court’s order stated, “This court is satisfied that the plaintiff has made out a prima facie case for the grant of an ex parte ad interim injunction till the next date of hearing. Balance of convenience lies in favour of the plaintiff, and they are likely to suffer irreparable harm in case the injunction, as prayed for, is not granted.”

Summons have been issued in the lawsuit, and notice has been given on the plaintiffs’ application for interim relief. The matter is scheduled for the next hearing on October 18.