[icernet] Indian channel restrained to use word 'BBC'
Arul Selvan
arulselvan at vasnet.co.in
Thu Feb 20 17:55:06 EST 2003
On a plea by British Broadcasting Corporation, the Delhi High Court has
restrained Videocon Group-promoted Bharat Business Channel from using the
abbreviation "BBC".
"The plaintiff (British Broadcasting Corporation" has made out a good prima
facie case against the defendant (Bharti Business Channel) from projecting
themselves as BBC," Justice Manmohan Sarin said in an ex-parte order
restraining the Videocon-promoted channel from using the trade mark "BBC" of
the broadcasting giant as an abbreviation for their proposed channel.
BBC said that launch of the channel was of no concern but the claim in the
media by the Directors of the proposed channel that they were launching "a
desi BBC" was a great worrying factor.
Stating that the Videocon group has already tied up with SingTel Group, a
leading integrated communication service provider in the Asia Pacific, BBC's
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 British Broadcasting Corporation.
"The Bharat Business Channel field of proposed activity, i.e TV
broadcasting, being the same as the BBC's area of business and catering to
the same class of customers through 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 BBC submitted.
"Such confusion would, no doubt, lead to passing off the defendant's (Bharat
Business Channel) broadcast under the name 'BBC' as that of Plaintiff's
(BBC)," the counsel said.
Source: PTI
20/02/2003
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