ENTERTAINMENT NETWORK (INDIA) LTD. Vs. HT MEDIA LIMITED

JUDGEMENT

(1.) Entertainment Network (India) Ltd. (in short 'Entertainment Network') instituted a suit against HT Media Limited which was registered as CS (Comm) No. 179/2016. The prayer made was to grant a declaration that plaintiff's trademark 'PEHLA NASHA' is a well known mark and by using the trademark 'NASHA FM', 'RADIO NASHA', 'NASHA 91.9. FM' AND 'NASHA 107.02' the defendant was guilty of passing of and therefore should be restrained by issuing a permanent injunction against it, its agents, franchisees etc. restraining them from using, in any manner, trademark identical or deceptively similar to the plaintiff's trademark 'PEHLA NASHA' either as radio channel titled 'RADIO NASHA' or as a mark or as a domain name in relation to any service/product especially for broadcast, re -broadcast, radio broadcast, internet broadcast, make available for listening, and/or in any other form whatsoever.

(2.) Plaintiff having applied for its trademark to be registered and registration not being granted till when the suit was filed, it is obviously an action for passing of.

(3.) The claim of Entertainment Network in the plaint is that it is operating Online Internet Radio Station using the mark 'PEHLA NASHA' since the year 2014 and it has gained immense popularity and goodwill. By launching 'RADIO NASHA', HT Media is infringing its right in the trademark 'NASHA' for which its application for registration was pending before the Registrar of Trademarks. The suit was brought after it came to the knowledge of Entertainment Network that HT Media had applied for trademark registration for several marks including 'NASHA FM', 'RADIO NASHA', 'NASHA 91.9 FM', 'NASHA 107.02' etc. in relation to radio and television broadcasting services.