Hindujas Challenge Order On Cable Box Brand Use
The Hindujas have filed an appeal in the Delhi High court challenging the temporary injunction which restrains them from using the `Cable Box Office (CBO) name, for their movie channel.
The US-based media giant, Time Warner, had filed a case against Hindujas restraining them from using the `Box Office suffix to the name of their channel.
Disclosing this, Ashok Mansukhani, chief operating officer of IndusInd Media and Communication -- a Hinduja group company -- said the appeal was filed on Tuesday (June 3) and the case will come up for hearing before a two-member appellate bench on June 6. "Box Office is a generic name and therefore we are entitled to its use," he contended.
This is another twist in the battle between the Hindujas and Time Warner over the use of the CBO name.
The Hindujas had entered into an agreement with the American media giant last year for setting up projects jointly. The joint venture, however, failed to take off.
Subsequently, the Hindujas sought to launch a channel under the CBO brand name.
This was strongly opposed by Time Warner on the ground that the name was similar to its Home Box Office (HBO) brand name. It took the Hindujas to court contending that Indians were likely to confuse the HBO brand name with CBO.
Justice M K Sharma of the Delhi High Court granted a temporary injunction in September, 1996 restraining the Hindujas from using the CBO brand name. This order was confirmed recently.
Meanwhile, the Hindujas went ahead and launched a terrestrial channel under the brand name of Cable Video Opera.
Time Warner has made it clear that it will seek an unspecified sum as damages for the use of the CBO brand name.
As evidence, the US firm produced the results of a survey conducted by the MODE market research agency which showed that Indians were aware of the HBO trademark and were likely to confuse it with the CBO label.
The case has become a landmark one in disputes pertaining to intellectual property rights, as results of a market survey are not acceptable as evidence under Indian penal laws.