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ARTICLE · 17 JUNE 2020

Delhi HC On Domain Name And Anti-Injunction Suit

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The Defendants had acquired the impugned domain name in the year 1996 in bad faith to ride upon the goodwill and reputation of the Plaintiffs' publications.

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HIGH COURT OF DELHI

HT Media Limited & Anr.

Versus

Brainlink International, Inc. & Anr.

CS (COMM) 119/2019 28th April, 2020

A. FACTS

In the present case, HT Media Ltd. (hereinafter the "Plaintiff No. 1") is engaged in the business of print media, radio, internet, etc. and is one of the foremost media houses in India with its leading English publication 'Hindustan Times'. Plaintiff No. 2 is a Subsidiary of Plaintiff No.1 and is also engaged in the business of print media with its Hindi leading publication 'Hindustan'. Plaintiff Nos. 1 and 2 belong to 'Hindustan Times' Group.

Plaintiff is a registered proprietor of the trademarks 'Hindustan' and 'Hindustan Times' in India and enjoys both statutory rights under the Trade Marks Act, 1999 (hereinafter "the Act") as well as rights under the common law, arising from goodwill and reputation with respect to the Trademarks.

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