The Calcutta High Court on 15 January 2020 granted an interim injunction restraining a Kolkata-based company, Shailputri Media Pvt. Ltd. (SMPL) from carrying on business in the name of “Republic Hindi” and “R Hindi” in a passing off action filed on behalf of Republic TV, owned and operated by ARG Outlier Media Asianet News Private Limited (ARG).
The Calcutta High Court recognized the prior usage and distinctiveness of the marks “Republic TV” and “R.” by ARG in particular shades of red background with the letters in white, which are easily recognizable by the public. SMPL’s usage of “Republic Hindi”, with the colour combination and font, was found to be deceptively similar to Republic TV’s mark. Noting the similarity of business between ARG and SMPL, the court restrained SMPL from using “Republic Hindi”, “R. Hindi” or any deceptively similar combinations thereof in the news industry.
ARG was advised and represented in the matter by Phoenix Legal’s team comprising Partners, Saket Shukla, Debarshi Dutta, Mrinal Ojha; Senior Associate, Rajat Pradhan, and were led before the Calcutta High Court by Senior Counsel, Mr. Ranjan Bachawat and counsel, Mr. Rajarshi Dutta.