Delhi High Court grants an injunction to Dish TV in opposition to Doordarshan with a purpose to prevent the latter from the use of the word ‘DISH’ for its services. The Single Bench of Justice Sahay Endlaw refused to accept the defendant’s claim of public Juris and termed the utilization of a prima facie case of infringement.
In the present case, The plaintiff had instituted a match for an everlasting injunction restraining the defendant from infringing the alternate mark ‘DISHTV’ of the plaintiff and from passing off the defendant‟s offerings as that of the plaintiff through the adoption of the name/mark ‘FREE DISH’ and for ancillary reliefs.
The plaintiff contended that the phrase ‘DISH’ turned into first coined by way of them and is a completely quintessential and distinct detail of its trademark. Further, the defendant has additionally followed a logo that is deceptively much like that of the plaintiff‟s inasmuch because the defendant‟s stylized logo includes the tool of a dish which is also a fundamental and prominent part of the plaintiff‟s ‘DISHTV’ logo.
The defendants, on the other hand, denied any opportunity of deception and additionally argued that ‘DISH’ is public Juris and nobody can declare unique proper thereto. Moreover, underneath Section 17 of the Trade Marks Act, 1999, registration of a trademark confers rights within the mark as an entire and not in part or fragments of the mark; the plaintiff having elected to brand its product with an accepted word, ‘DISH’, any other character coming into the marketplace might have the right to use the stated term to become aware of the product in query and the plaintiff if had no longer preferred so, need to have branded its product with a completely unique call.
The court opined that when the defendant itself turned into capable of provide the stated provider without the usage of the phrase ‘DISH’ from 2004 to 2014 and whilst others are also presenting equal offerings as the plaintiff and the defendant, without using the word ‘DISH’, it isn’t always open to the defendant to mention that the usage of the word ‘DISH’ by way of the defendant is indicative of the kind of characteristic of services being rendered by way of the defendant. Thus, none of the defenses underneath Section 30 of the Trade Marks Act are to be had to the defendant.
The court docket also rejected defendant’s claim of public Juris through noting that ‘Dish’ is not time-honored to DTH carrier or public Juris and/or not unusual to the exchange of DTH provider for it to be stated that adoption thereof by plaintiff for its DTH offerings can’t save you the others providing equal service from the use of the identical for the cause of its being critical for them for describing their service.
Finally, the courtroom relied upon the ratio laid down in United Biotech Pvt. Ltd., and Laxmikant V. Patel , where the take a look at applied became of use by way of the defendant of a prominent part of the plaintiff’s registered trademark, to hold that the mark used by the respondent does make a prima facie case of infringement. It opined that for the consumers/subscribers to shape an opinion that the plaintiff, in association with Doordarshan, is supplying sure loose channels also and can bring about the clients/subscribers wanting the paid channels of the plaintiff also to be telecast free.
While granting the injunction to the plaintiff, the court docket also criticized the defendant for making inordinate delays in taking any action notwithstanding repeated complaints made by way of the plaintiff. It becomes dismayed that the defendant, a public region organization, indulged in the usage of every other’s trademark and no matter the plaintiff objecting thereto, refused to behave reasonably. The equal is not anticipated of a public sector enterprise which according to the proclaimed litigation coverage of the Government isn’t to be indulged in.
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