Republic TV moves trademark infringement plea against Telugu channel, seeks Rs 100 crore damages

Rayudu Vision Media Limited, the Telangana YouTube news channel, told the court that it had sought permission from the Ministry of Information and Broadcasting (MIB) for change of their logo and their application was pending before the ministry, which was opposed by Republic TV and the same is yet to be considered. The court found no urgency and posted Republic TV’s plea for seeking interim relief to June 5.

The single-judge bench of Justice Manish Pitale was earlier this month hearing an interim application by ARG Outlier Media Private Limited, which runs Republic TV and other channels, in its trademark infringement suit seeking urgent relief against the defendant channel.

Senior advocate Ravi Kadam, representing the plaintiff Republic TV, submitted that there was an urgency in the matter as there was a likelihood of the defendant starting a news channel with the impugned logo in the near future.

However, senior counsel Sharan Jagtiani, representing defendant Rayudu, submitted that an application was filed before the ministry seeking permission for up-linking and down-linking using the impugned logo and it is an admitted position that the plaintiff had objected the same before the ministry and the matter is pending. Jagtiani also said there is an admitted position that till date, the defendant has not started using the impugned logo in the context of its satellite news channel.

In view of this, Justice Pitale found no urgency and posted further hearing in Republic TV’s plea to June 5. “Liberty is reserved to the parties to move the vacation court, in case of urgency,” the bench added.

ARG Outlier had in March this year filed a suit in the high court seeking permanent injunction against Rayudu for alleged infringement and passing off the trademark “R”, owned by Republic TV. As per the suit, Republic TV officials came across a YouTube channel called RTV and the same had copied its trademark and was using a logo deceptively similar to the plaintiff’s mark.

Republic TV sought damages to the tune of Rs 100 crore from the defendant for alleged “unfair trade practice” leading to damage to the plaintiff channel.

However, the defendant, in its response, told the bench that it had been using the RTV logo since 2007, much prior to the incorporation of Republic TV which took place in 2016. The defendant added that it was an “honest user” of the mark as it came from the owner’s family name- Rayudu and therefore the plea should not be allowed.