2007 (7) TMI 684 - HC - Indian Laws

Court grants anti-suit injunction, allows domain use with disclaimer.

India TV) Independent News Service Pvt Limited Versus India Broadcast Live LLC and Ors.

The court granted an anti-suit injunction, restraining Defendant No. 1 from proceeding with the suit in Arizona. It allowed the defendants to use the ... - Issues Involved:1. Jurisdiction2. Anti-suit injunction3. Personal jurisdiction over defendants4. Forum convenience5. Connection between Defendant Nos. 1 and 26. Remedy under UDRP7. Injunction from using the domain name 'indiatvlive.com'8. Descriptive names9. Agreement with Jump TV10. DelayIssue-wise Detailed Analysis:1. Jurisdiction:The court discussed the concept of jurisdiction, emphasizing its relevance in the context of e-commerce and global business activities. The plaintiff, running a Hindi news channel 'INDIA TV,' claimed jurisdiction based on its extensive use and registration of the mark 'INDIA TV' since 2002. The plaintiff discovered the defendants' use of a similar domain name 'indiatvlive.com' and alleged infringement, passing off, and dilution of its mark.2. Anti-suit Injunction:The plaintiff sought an anti-suit injunction to restrain Defendant No. 1 from proceeding with a suit filed in Arizona. The court referred to the principles governing anti-suit injunctions, emphasizing that the court must be satisfied that the defendant is amenable to personal jurisdiction, that justice would be defeated if the injunction is declined, and that comity must be respected. The court found that it had personal jurisdiction over the defendants and that the ends of justice would be served by granting the anti-suit injunction.3. Personal Jurisdiction Over Defendants:Defendant No. 1 argued that the court lacked personal jurisdiction as it was a Delaware corporation with no presence in India. The court, however, found that the defendants had sufficient minimum contacts with India, including targeting Indian audiences and having a strategic relationship with Indian entities. The court held that the defendants were carrying on activities within its jurisdiction and thus, it could exercise personal jurisdiction over them.4. Forum Convenience:The court considered whether it was the appropriate forum for the dispute. Defendant No. 1 argued that the District Court in Arizona was more convenient. The court, however, found that neither the plaintiff nor the defendants had significant connections with Arizona. The plaintiff was based entirely in India, and the alleged injury occurred in India. Thus, the court determined that it was the forum convenience for the dispute.5. Connection Between Defendant Nos. 1 and 2:The plaintiff presented evidence suggesting a connection between Defendant No. 1 and Defendant No. 2, including shared addresses and strategic relationships. The court found prima facie evidence of a connection between the defendants, noting that this aspect would be decided after trial.6. Remedy Under UDRP:Defendant No. 1 argued that the plaintiff should have sought remedy under the Uniform Domain Name Dispute Resolution Policy (UDRP). The court, however, noted that the UDRP provides limited remedies, such as cancellation or transfer of domain names, and does not address issues like passing off or damages. The court held that the present suit was the most appropriate remedy given the reliefs sought by the plaintiff.7. Injunction from Using the Domain Name 'indiatvlive.com':The court considered whether the defendants' use of the domain name 'indiatvlive.com' constituted infringement. It noted that domain names are business identifiers and that the defendants' use of a similar domain name could mislead consumers. The court allowed the defendants to use the domain name with a disclaimer prominently displayed on their website, indicating no connection with the plaintiff's channel.8. Descriptive Names:Defendant No. 1 argued that the mark 'INDIA TV' was descriptive and not capable of registration. The court, however, held that even descriptive marks could be protected if they had acquired distinctiveness and secondary meaning. The court found that the plaintiff's mark 'INDIA TV' had acquired distinctiveness and was entitled to protection, subject to evidence to be led at trial.9. Agreement with Jump TV:Defendant No. 1 claimed that the suit was motivated by the plaintiff's agreement with a competitor, Jump TV. The court found that the agreement was entered into before the launch of the defendants' website and that there was insufficient evidence to establish that the suit was a consequence of the agreement with Jump TV.10. Delay:Defendant No. 1 argued that the plaintiff was guilty of undue delay in filing the suit. The court, however, found that the plaintiff could not have been expected to know about the launch of the defendants' website from the available materials. The court held that there was no excessive delay on the part of the plaintiff in bringing the action for passing off.Conclusion:The court granted the anti-suit injunction, restraining Defendant No. 1 from proceeding with the suit in Arizona. It modified the interim order to allow the defendants to use the domain name 'indiatvlive.com' with a disclaimer. The court also directed Defendant No. 1 to file six-monthly statements of revenue earned from the impugned website in India. The observations were noted to be prima facie and would not affect the final disposal of the suit.