Dinesh jain
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The Delhi High Court has restrained Sri Venkata Sharvani Media Broadcasting from using the name ‘AP News Now’ for its proposed news channel following a plea by Bennett Coleman & Company Ltd (BCCL) alleging copyright infringement by the respondent.
BCCL complained that the logo and the placement of the word ‘Now’ in the channel name ‘AP News Now’ was deceptively similar to the logo and the placement of the word ‘Now’ in the logo owned by BCCL.
The defendants are also stated to have advertised and published the news about the launch of its channel ‘India Now’ on its website (AP News Now - Just another WordPress site).
Passing an injunction, Justice Siddharth Mridul restrained the channel, cable operators, multi-system operators (MSOs), direct-to-home (DTH) operators and all other entities associated with them from using the name until the next date of hearing, which is 25 September.
The bench retrained Sri Venkata Sharvani Media Broadcasting from adopting and using the channel name ‘AP News Now’ or any other mark/name which is identical or deceptively similar to BCCL’s channel name/registered mark ‘Times Now’.
It also retrained them from adopting and using the channel name ‘AP News Now’ or any other mark or name in a logo style, format, font or get-up, colour scheme, which is a colourable imitation or substantial reproduction of the plaintiff’s ‘Times Now’ logo, get-up and colour scheme.
In its petition, BCCL claimed that the trademark ‘Now’ was registered in the name of the company on 17 March 2010, under Class 35 of the Trademarks Act, 1999.
It also contended that the logo and the placement of the word ‘Now’ in the word ‘AP News’ is deceptively similar to the logo and the placement of the word ‘Now’ in the logo owned by the plaintiff. Sri Venkata is also planning to launch a national news channel ‘India Now’.
Delhi HC retrains news channel from using ‘AP News Now’ name following BCCL’s plea | TelevisionPost.com
BCCL complained that the logo and the placement of the word ‘Now’ in the channel name ‘AP News Now’ was deceptively similar to the logo and the placement of the word ‘Now’ in the logo owned by BCCL.
The defendants are also stated to have advertised and published the news about the launch of its channel ‘India Now’ on its website (AP News Now - Just another WordPress site).
Passing an injunction, Justice Siddharth Mridul restrained the channel, cable operators, multi-system operators (MSOs), direct-to-home (DTH) operators and all other entities associated with them from using the name until the next date of hearing, which is 25 September.
The bench retrained Sri Venkata Sharvani Media Broadcasting from adopting and using the channel name ‘AP News Now’ or any other mark/name which is identical or deceptively similar to BCCL’s channel name/registered mark ‘Times Now’.
It also retrained them from adopting and using the channel name ‘AP News Now’ or any other mark or name in a logo style, format, font or get-up, colour scheme, which is a colourable imitation or substantial reproduction of the plaintiff’s ‘Times Now’ logo, get-up and colour scheme.
In its petition, BCCL claimed that the trademark ‘Now’ was registered in the name of the company on 17 March 2010, under Class 35 of the Trademarks Act, 1999.
It also contended that the logo and the placement of the word ‘Now’ in the word ‘AP News’ is deceptively similar to the logo and the placement of the word ‘Now’ in the logo owned by the plaintiff. Sri Venkata is also planning to launch a national news channel ‘India Now’.
Delhi HC retrains news channel from using ‘AP News Now’ name following BCCL’s plea | TelevisionPost.com
