News channel, Republic TV has moved the Bombay High Court against a Telugu news channel, RTV News for alleged trademark infringement of its logo, “R.” [ARG Outlier Media Private Limited v. Rayadu Vision Media Limited].
Single-judge Justice Manish Pitale refused to grant urgent hearing in the prayer by Republic TV for interim relief after the Court was informed by RTV News that it had sought permission from the Ministry of Information and Broadcasting for change of its logo.
RTV's holding company, Rayadu Vision Media submitted that application is pending before the Ministry and Republic had also formally opposed the logo which the Ministry is yet to consider.
In view of this, Justice Pitale found no urgency and posted the application for urgent relief for consideration on June 5.
“It is also an admitted position that that as on today, the Defendant has not started using the changed logo in the context of its satellite news channel. In view of the above, list the application for consideration of ad-interim relief on 05th June, 2023,” the Court directed.
The bench at the same time granted liberty to parties to mention the petition before the vacation bench in case of urgency.
ARG Outlier, the parent company for Republic TV, filed the suit in March 2023 seeking permanent injunction against Rayudu for infringing and passing off the trademark ‘R.’ owned by Republic TV.
The suit has sought ₹100 crore damages against Rayudu for its alleged unfair trade practices leading to damage to Republic.
The plea said that around February 4, 2023, Republic TV came across a YouTube channels with the name RTV.
Republic alleged in the suit that Rayudu copied its trademark and was using a logo that was deceptively similar to Republic’s logo.
The defendant Rayudu through its affidavit in reply pointed out that they have been using the logo ‘RTV’ since 2007.
It claimed that the channel had been using the term ‘RTV’ much prior to Republic which was incorporated only in 2016.
It also claimed that it was an honest user of the mark as it came from the owner’s family name - Rayudu.
Senior Advocate Ravi Kadam along with advocates Rashmin Khandekar, Prathmesh Kamath, Zoeb Cutlarywala, Vikram Kamath and Anand Mohan briefed by Phoenix Legal appeared for Republic TV.
Senior Advocate Sharan Jagtiani along with advocates Hiren Kamod, Abhijeet Deshmukh, Aatir Saiyed, Surabhi Agarwal, Prem Khullar and Ashish Kankal, briefed by Khurana & Khurana appeared for Rayudu.
[Read Order]