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The result is quite obvious. The Delhi High Court has restrained
Videocon from using the abbreviation BBC.
The Dhoots had been saying that the group plans to launch a business
news channel in Hindi language which was to be called Bharat Business
Samachar which would have got abbreviated to BBC.
"The palintiff (UK broadcaster BBC) has made out a good prima facie
case against the defendant (Bharat Business Channel) from projecting
themselves as BBC, a PTI report today quoted Justice Manmohan Sarin
as observing in an ex-parte order restraining Videocon's proposed
channel from using the trade mark BBC as an abbreviation for their
proposed channel.
When indiantelevision.com got in touch with BBC World's Delhi office,
a spokesperson refused to confirm or deny any such move, but the
person did admit, "Our head office had been apprised of the move
(by Videocon) and the legal department has been looking into the
issue."
It may be recalled that HBO had also got legal redressal some years
back against the Hindujas who had planned a cable-delivered movie
channel which would have abbreviated to CBO (Cable Box Office).
The Hindujas subsequently changed the name and it now operates under
the name CVO (Cable Video Opera).
Though one of the Dhoot brothers, RK Dhoot, is a Shiv Sena Member
of Parliament, he could not be contacted by indiantelevision.com
till the time of writing this report.
Stating that the Videocon group has already tied up with SinTel,
a leading providerof integrated communication services in the Asia
Pacific, BBC counsel Rajiv Nayar alleged that the adoption of the
identical abbreviation was a deliberate attempt by the proposed
channel to tread upon the reputation and goodwill of UK's BBC.
"The Bharat Business Channel's field of proposed acitivity, that
is broadcasting, being the same as the BBC's area of business and
catering to the same class of customers through a common trade channel,
is bound to cause confusion and deception amongst the trade and
public who may wonder whether there is any business connection between
them," the PTI report said, quoting BBC's submission in the court.
In its submission, the UK broadcasting giant also said that the
proposed use of the name 'BBC' by the Indian Hindi channel would
dilute the value, goodwill, reputation and propietary rights which
exist exclusively in its favour in the name and trade mark 'BBC.'
Pointing out that Bharat Business Channel has not yet commenced
operations, the UK broadcaster's counsel pointed out that such an
adoption of identical name could not be an innocent coincidence
and that it should be restrained from using the abbreviation at
this stage itself.
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