Factual background
In the case of Cable News Network Inc v CTVN According to a lawsuit filed by Cable News Network against Calcutta Television Network Pvt Ltd., the defendant only started using the name Calcutta News and the initials CN in 2014 after operating under the name Uttar Bangla up until that point.CNN claimed that the defendant’s logo’s C and N elements linked at the base resembled its own and would lead to misunderstanding. The defendant intended to imitate the plaintiff’s symbol and was trying to profit from CNN’s good name.
Argument Advanced
The petitioner claims that the C and N parts that are joined at the base of the defendant’s mark strikingly resemble their own and could cause confusion. The defendant wanted to copy the plaintiff’s sign and capitalise on CNN’s goodwill.
The defendants disputed the assertion and even argued that the Delhi High Court lacked territorial authority to hear the matter. They submitted a request for the return of the plaint due to lack of jurisdiction in accordance with Order 7 Rule 10 of the Code of Civil Procedure, 1908 (CPC).
Observation of the court
The single Delhi High Court bench Justice C Hari Shankar prevented the news organisation Calcutta Television Network (CTVN) from using the ‘CN’ mark for the news channel’s logo, which was purportedly a copy of CNN’s design. The court found that the CNN logo’s design and the Calcutta News logo’s deceptive similarity to one another constitute prima facie imitation.
According to clause (b) of Section 20 of the CPC, the court observed that the lawsuit could be maintained before the Delhi High Court.”The plaintiff’s news channel is where it conducts its commercial activities. Everyone knows that news networks get paid based on how many people watch them, and one of the main ways to get more people to watch is to increase viewership. Justice Hari Shankar came to the conclusion that the defendants have a passing-off case against them at least on the surface. Regarding trademark infringement, the court ordered the defendants not to use them to question trademarks or any other mark that is confusingly similar to CNN.