Likely to make public go 🤔: Delhi High Court restrains Calcutta News from using logo similar to CNN's

The Delhi High Court on Friday restrained a news platform called Calcutta Television Network (CTVN) from using the ‘CN’ mark for the logo of its news channel which was allegedly an imitation of the logo of US-based media and news company CNN. .Justice C Hari Shankar passed an interim injunction order after noting that the similarities in the two logos are such that when members of the public come across them, it would cause them a sense of wonderment about a connection/nexus between CNN and CTVN. “The manner in which the defendant has styled its logo, with the C and N joined at the base, each letter otherwise standing erect, is deceptively similar to – and, in fact, prima facie imitative of – the manner in which the plaintiff has styled its logo,” the order said.Saying that it was inclined to hold that Calcutta News has prima facie deliberately devised a logo which is similar to that of CNN, the Court added,"Without intending to trivialize the discussion, the reaction of the average customer, which would, without anything further and by itself, suffice to indicate “likelihood of confusion” and, therefore, infringement, is probably best represented by the now popular “thinking face” emoticon 🤔.".The Court was dealing with a suit filed by Cable News Network (CNN). It was stated that till 2014, the defendant was conducting its business under the name Uttar Bangla, and commenced using the name Calcutta News, with the acronym CN, only in 2014.CNN argued that the design of the defendant’s logo, with the C and N joined at the base, it clearly similar to its logo and would create confusion.The Court was further told that the defendant had the intention to copy the plaintiff’s logo and was seeking to capitalize on CNN’s reputation..However, the defendants contested the claim and even raised the objection that the Delhi High Court does not have the territorial jurisdiction to deal with the case. They filed an application under Order 7 Rule 10 of the Code of Civil Procedure, 1908 (CPC), seeking return of the plaint on the ground of lack of jurisdiction..After consider the matter, the Court rejected the defendant’s application and said that CNN is accessible throughout India and is seen by millions of households in Delhi.Therefore, the suit would be maintainable before the Delhi High Court under clause (b) of Section 20 of the CPC. “The commercial activity of the plaintiff is carried out through its news channel. It is a matter of common knowledge that news channels earn revenue based on viewership and that increasing viewership of channels is one of the primary methods by which revenue is earned. The court can also take judicial notice of the fact that, across the plaintiff’s channel, extensive advertisements also figure, including the advertisement of the plaintiff’s channel itself. The plaintiff’s channel is also advertised, independently, within the jurisdiction of this Court.”.Justice Hari Shankar, therefore, concluded that prima facie, a case of passing off also exists against the defendants. On the issue of infringement, the Court ordered the defendants to not use the trademarks in question or any other mark which is similar to CNN..Advocates Pravin Anand, Dhruv Anand, Udita Patro, Chitra Subbiah, Kavya Mammen, Harini V and Sampurnaa Sanya appeared for CNN. Advocates Chaitanya and Kartik Pant appeared for CTVN. .[Read Order]