Delhi High Court protects 'Zee' trademark

NEW DELHI: No other company selling anything or providing any service from now on will be able to use the trade mark "Zee", the Delhi High Court has ruled last weekend.

In the order passed on February 5 on a writ petition filed by c., the Court restrained the Registrar of Trade Marks of all branches from processing pending applications pertaining to trade mark "Zee".

The Registrar is forbidden also from advertising any further applications that may be filed pertaining to the Trade Mark "Zee" or "deceptively similar mark by any third party", the court has ruled.

Arvind Mohan, Executive Vice President of the Essel group told today: "This is a landmark decision and establishes our sole right to use the brad and trade mark that the company has so painstakingly developed over the years."

The court has also stayed the order dated 11.9.2000 and 15.9.2000 of Registrar of Trade Mark, Mumbai, by virtue of which the company Shri Venkateshwara Group of Industries obtained the registration of trade mark or logo "Zee" for its products known as Zee Gutkha and Zee Pan Masala.

Zee Telefilms had filed a writ petition under Article 227 invoking extraordinary jurisdiction of Delhi High Court, challenging acceptance orders directing advertising passed by Registrar of Trade Mark permitting advertisement of at least 100 trade mark applications for registered mark or logo "Zee" or deceptively similar marks filed by Shri Venkateshwara Group of Industries, which is completely violative of the statutory provisions and contrary to the law.

Various offices of the registrar situated at Mumbai, Ahmedabad and Delhi have also been made respondents in the case, apart from the Union of India through Secretary, Information & Broadcasting and Copyright Board, New Delhi.

The counsels for Zee, Senior Advocate Rajiv Nayyar and Prathiba M. Singh pointed out that trade mark registrars have permitted advertising of around 100 trade mark applications for registration as "Zee", or look-alike, deceptive marks and they continue to do so despite the detailed representation made by the Zee Telefilms Ltd.

The argued also that this is also in complete disregard to the prevailing injunction order dated September 4, 2001 of the Division Bench of Mumbai High Court against the Shri Venkateshwra Group, restraining them to use the mark Zee Gutkha or any other deceptive look-alike mark.

Zee Telefilms Ltd. had said that they are registered proprietors and lawful owners of the trade mark in India as well as in several other countries abroad., Besides, they also own the Common Law Rights, Statutory Rights as well as Copyrights in the "Zee" logo, written in any manner whatsoever.

Zee reminded the court that it has several channels with the "Zee" mark, which are watched by 180 million viewers out of which 120 millions are in India. In fact, the broadcaster owns the trade mark since 1992.

The most significant of the court's orders are that it said that "before the Registrar of Trademarks proceeds to advertise a mark registration whereof is sought, the Registrar is obliged to cause a research to be made amongst the registered trademarks as also pending applications for purposes of ascertaining, whether there are on record, in respect of same goods or services or similar goods or services, any mark identical with or deceptively similar to the mark sought to be got registered.

"The principle of the dilution of the trademark has been extended for the mark in question. Yet, in spite thereof, Registrar of Trademarks is admitting for registration, applications by hundreds of individuals who seek registration of the trademark "Zee" for purposes of sale of their goods."

In the meanwhile the court restrained all branches of the Registrar of Trademarks from processing pending applications pertaining to registration of the trademark "Zee".

"Further injunction is issued restraining Registrar of Trademarks from advertising any further application which may be filed pertaining to the trademark "Zee", the court ruled.

The court also stayed the order of the Registrar under which the other respondents had been allowed to use the Zee trade mark.

Mohan opined that a brand is one of the most valuable elements in an advertising theme, as it demonstrates what the brand owner is able to offer in the marketplace. "Brand experience develops expectations creating the impression that a brand associated with a product or service has certain qualities and characteristics that make it special or unique," he explained.

He said also that the court order will help the consumers stay clear of false impressions about the identity of those companies not related to Zee's activity, that is, providing healthy entertainment on television.

Latest Reads
TLC firmly establishes itself as a clear leader in lifestyle genre with 24% upswing in ratings

TLC, leading lifestyle channel from Discovery Communications India, soared to the top of Lifestyle genre with a 24% increase in ratings according to the latest BARC data*. TLC secured 8640 impressions ‘000 in week 11 as compared to 6972 impressions ‘000 in Week 10. The upsurge in ratings is...

Television TV Channels Factual & Documentary
Balaji Telefilms appoints Jyoti Deshpande as non-executive additional director

Balaji Telefilms has appointed Jyoti Deshpande as the non-executive additional director. The appointment, which was approved following a circular resolution by its board on 22 March, is in compliance with share subscription agreement entered into between Balaji and Reliance Industries Ltd (RIL) on...

Television TV Channels People
Aaj Tak relaunches 'Seedhi Baat'

MUMBAI: TV Today Network has relaunched its big-ticket Hindi show Seedhi Baat. The show will be hosted by Sweta Singh, news anchor and executive editor of special programming at Aaj Tak. The first episode of the show, which  will air at 8 pm on 24 March, will feature BJP president Amit Shah as the...

Television TV Channels News Broadcasting
Dsport tops BARC ratings with Nidahas Trophy viewership

MUMBAI: Dsport, which launched last year in February, became the top ranked sports channel according to Broadcast Audience Research Council (BARC) all-India data in week 11. Rishtey Cineplex attracted a big chunk of the Hindi-speaking audience while competing with pubcaster DD Sports.

Television TV Channels Sports
Zee TV’s ‘Ishq Subhan Allah’ year’s second highest weekday fiction launch across GECs

Zee TV recently put the spotlight on Triple Talaaq with its new fiction show Ishq Subhan Allah introducing viewers to the turbulent love story of Zara (Eisha Singh) and Kabeer (Adnan Khan) – an Islamic couple dealing with the issue first-hand. Raising pertinent questions about women having a say...

Television TV Channels GECs
&Privé HD’s Unforgettables at 9 property celebrates movies that have left an indelible mark

There are some movies that become a part of your life and you can’t help but watch them over and over again. There are some characters that reveal a hidden element of yourself that results in an instant connection. &Privé HD’s property ‘Unforgettables at 9’ brings such classics every Monday to...

Television TV Channels English Entertainment
Living Foodz raises a Toast to India’s finest restaurants, night

India’s premium lifestyle channel, Living Foodz organized the second edition of Epicurean Guild Awards at an evening which saluted the game changers in India’s fine-dining, nightlife and lifestyle entertainment space. Held on March 22 at Sahara Star, Mumbai, the event was curated by Chef Manu...

Television TV Channels English Entertainment
Zee Anmol regains top Hindi GEC spot across genres

BENGALURU: Zee Entertainment Enterprises Ltd’s (Zeel) free-to-air (FTA) Hindi GEC Zee Anmol has returned to second place in Broadcast Audience Research Council (BARC) list of top 10 channels across genre in week 11 of 2018 (Saturday, 10 March 2018 to Friday, 16 March 2018). The numero uno position...

Television TV Channels Viewership
Emerald Media buys minority stake in Global Sports Commerce

MUMBAI: Emerald Media, the Pan-Asia company backed by global investment firm KKR, has acquired a significant minority stake in sports technology and management company Global Sports Commerce (GSC) through a combination of primary and secondary investments.

Television TV Channels Sports

Latest News

Load More

Sign up for our Newsletter

subscribe for latest stories