The Plaintiff’s response, ruling out the Defendant’s contention was that none of the names mentioned by the Defendant are those of radio stations the names are those of playlists and none of them are operational in India. Distinctiveness over the mark ‘NASHA’ (Hindi word for ‘intoxication’) – The Defendant argued that the word ‘NASHA’ is devoid of any originality and creativity and is a commonly used term in the field of music that has been used by many third parties as names of music streaming websites and thus, cannot be said to be distinctive of the Plaintiff’s services. Emphasis was laid on the widespread use of smart phones having the facility of both radio and internet.Ģ. Just like a person buying apples from supermarket can buy the same from a sabzi mandi as well, a patron of music can access radio from either platform. It was stated that the difference in medium is not that of ‘apples’ and ‘oranges’ but that of buying apples ‘from a supermarket’ and ‘from a sabzi mandi’. However, the analogy drawn by the court could not have made the issue clearer. It was argued that the Defendant’s radio channel can be heard by listeners who have a device that can catch a particular frequency and the listeners do not have any choice of selection of a particular music while on the other hand, the Plaintiff’s music streaming website, containing ‘PEHLA NASHA’ as one of the web pages, requires internet connection and is not live, unlike a radio.
It was argued by the Defendant that the Plaintiff’s radio streaming website is different from the Defendant’s radio channel. The Defendant, that operates radio station Fever 104 FM, launched its FM Radio Channel under the mark RADIO NASHA in 2016, which is not acceptable to the Plaintiff.Ĭonsidering totality of facts, temporary injunction was granted in favour of the Plaintiff and the Defendant was restrained from using the mark ‘RADIO NASHA’ on the following grounds:ĭifference in medium (Internet Radio Channel and FM Radio Channel) – The Defendant’s main line of argument was regarding the difference in medium.
PEHLA NASHA TRANSLATION REGISTRATION
This internet radio channel broadcasts songs of 1990s and is operated through the Plaintiff’s website The Plaintiff has applied for registration of the trademark PEHLA NASHA and has proved to have accumulated a wide listener base. To summarize the facts of the case, the Plaintiff, that operates radio station called Radio Mirchi, launched its internet radio channel under the mark PEHLA NASHA in 2014. (CS(COMM) 179/2016 & IA No.3316/2016) granted temporary injunction in favour of the Plaintiff, vide judgment dated July 13, 2018. The Delhi High Court in the passing off case – Entertainment Network (India) Ltd.
0 kommentar(er)
