Living Media India Ltd v Amar Ujala Ltd & Ors: Delhi HC Cracks Down on Hidden SEO Misuse of “AAJ TAK” 

Posted On - 26 December, 2025 • By - King Stubb & Kasiva

Introduction:

The Delhi High Court addressed a modern form of digital trademark infringement where competing news publishers were using the well-known AAJ TAK mark inside their source code, meta tags, and URL structures to divert online traffic and manipulate search engine results. Justice Manmeet Pritam Singh Arora passed multiple orders across November 2025, securing takedowns, recording undertakings, and ultimately decreeing the suit against all four defendants. The case reinforces that even invisible online use of a trademark can amount to infringement. 

Facts & Background:

Living Media India Ltd, owner of the iconic AAJ TAK news brand, discovered that several digital publishers including Amar Ujala (D1), News18 Hindi clones (D2), a Bangla news agency (D4), and another platform (D3) were embedding “AAJ TAK” in places no user would ordinarily see: 

  • as part of URLs, e.g., amamjala.com/tags/aaj-tak 
  • as backend meta tags used by search engines 
  • within the source code of web pages 

These uses were not legitimate references to Aaj Tak stories; instead, they enabled the defendants’ websites to appear in search results for “AAJ TAK” queries, effectively riding on the goodwill of the plaintiff’s well-known mark. Once served, each defendant appeared and acknowledged the issue. All of them removed the infringing links immediately, some as early as the same day, and indicated they did not intend to contest the matter. Defendant 4 claimed the link was only giving “credit” to Aaj Tak as the original source but still undertook to remove the link. 

Key Issues Before the Court:

  1. Does backend use of a trademark in source code, meta tags, URLs amount to infringement and passing off? 
  1. Can a news publisher claim “crediting the source” or “fair reporting” as justification for embedding a competitor’s trademark in SEO elements? 
  1. Whether the Court should dispose of the suit based on defendants’ undertakings or continue to trial? 

Court’s Observations & Held:

The Court took a firm and detailed view on SEO-based trademark misuse, holding that use of “AAJ TAK” inside meta tags, URLs or source code is full-fledged trademark infringement, even when the visible content merely attributes a news source.  

Justice Arora emphasised that backend tagging is not innocent or technical housekeeping it manipulates search engine behaviour, diverts user traffic and falsely associates the defendant’s platform with the plaintiff’s brand. The Court rejected every attempt to justify such use under fair reporting or Section 52 of the Copyright Act, stressing that this dispute concerns trademark integrity, not copyright, and that no principle of fair dealing permits embedding a rival’s mark in hidden SEO elements. 

Across four hearings, every defendant chose compliance over litigation.  

  • Defendant 1 (Amar Ujala) removed the offending URL and agreed not to insert “AAJ TAK” in source code or metadata going forward.  
  • Defendant 2 took down its infringing link and remarked that the matter could have been resolved without a suit had prior notice been issued.  
  • Defendant 3 removed old articles from 2019 and accepted a permanent undertaking not to use the mark in hidden elements.  
  • Defendant 4 initially argued that its story only credited AAJ TAK as the original source but ultimately removed the link and undertook not to use the mark in metadata, while expressly reserving its rights to fair reporting under copyright law as long as that reporting does not involve SEO misuse. 

Justice Arora converted each of these undertakings into binding decrees, making them immediately enforceable. Any breach entitles Living Media to move straight to execution without a fresh lawsuit.  

The Court specifically noted that defendant 4’s copyright-based fair use rights remain untouched, but that such rights cannot justify trademark misuse. It also recorded the plaintiff’s right to seek enforcement if any infringing URL reappears, as had occurred briefly with Defendant 1. 

By 27 November 2025, the suit stood fully decreed against all four defendants. All of them are permanently restrained from using “AAJ TAK” or any confusing variant in meta tags, source code, backend HTML, URLs or any hidden SEO tools. The judgment sends a clear signal that digital trademark enforcement extends beyond what consumers see on screen and squarely covers the invisible architecture of online news distribution. 

Key Takeaways:

The Court made it clear that hidden online use of a trademark is still real use for the purpose of infringement. Embedding a competitor’s mark in meta tags, URLs or source code is treated as a misleading use capable of diverting traffic and confusing consumers. It also held that fair reporting is no defence when the misuse occurs in backend SEO elements copyright principles cannot be stretched to justify trademark manipulation. All four defendants ultimately complied, removed the offending links and gave binding undertakings, leading the Court to grant full decrees on consent.  

The message is simple: SEO-based infringement will not be tolerated, even if the misuse is “invisible” to ordinary readers. The Court further noted that any repeat violation can lead straight to execution proceedings, making these decrees practically enforceable. Overall, the judgment significantly strengthens brand protection in the digital news ecosystem, where SEO manipulation can easily distort market perception and consumer trust.