The Bombay High Court has refused to stop Tata Play from using the name “Tata Play Astro Duniya” for its astrology television channel, dismissing a trademark challenge brought by astrologer Rajeev Prakash Agarwal.
In an order delivered on March 7, Justice Sharmila U Deshmukh declined to grant interim relief to Agarwal, who runs astrological and spiritual services under the mark “Astro Dunia.” The Court concluded that the astrologer had not established a prima facie case of trademark infringement or passing off.
Agarwal claimed he had been offering astrology-related services since 2005 under the registered label “Astro Dunia,” asserting exclusive rights over the expression. He argued that the television platform’s use of “Astro Duniya” for a channel launched in 2020 was nearly identical to his mark, differing only by the addition of the letter “Y,” and therefore likely to confuse audiences.
However, the Court observed that Agarwal’s trademark registration covered a composite label that combined the words “Astro Dunia” with a star device. The registration itself came with a disclaimer stating that exclusive rights would not extend to descriptive elements and that the label must be used as a whole.
The judge noted that Agarwal had earlier described the distinctiveness of his mark as arising from the combination of English and Hindi words together with the star logo. Having taken that position, he could not later claim exclusive rights over the words “Astro Dunia” on their own.
The Court also examined the nature of the phrase itself. “Astro,” derived from astrology, paired with the Hindi word “Dunia” meaning world, essentially translates to “world of astrology.” The judge found that the expression is descriptive of the services being offered rather than uniquely distinctive.
Supporting this view, the order pointed to invoices bearing the phrase “ASTRO DUNIA – Your World of Astrology,” indicating the expression was used in a descriptive manner. The Court remarked that blending Hindi and English terms is a common linguistic pattern in India and does not automatically create a distinctive trademark.
A comparison of the two marks further weakened the claim. Tata Play’s branding prominently displays its well-known house mark alongside the words “Astro Duniya,” arranged beneath it. Agarwal’s label, by contrast, shows “AstroDunia” in a horizontal format accompanied by a star symbol. The presence of the established “TATA PLAY” branding was considered sufficient to differentiate the two.
The Court also highlighted the difference in services. The television platform operates an astrology channel delivered through DTH and OTT services, while Agarwal provides personalised astrological consultations aimed at individual clients.
Questions were also raised about the astrologer’s claim of continuous use of the mark since 2005. Much of the supporting material and sales figures were self-certified and linked to his own company, which the Court found insufficient to establish strong evidence of acquired distinctiveness.
Finding no initial basis to support the allegations of infringement or passing off, the Court dismissed the request for interim relief, allowing Tata Play to continue using the “Tata Play Astro Duniya” branding for its channel.
