‘NATION WANTS TO KNOW’ Arnab Goswami’s Trademark Fracas

Bennett Coleman and Co. Ltd. popularly known as The Times Group (hereinafter referred to as ‘Plaintiff’) had filed a trademark suit for protection of its trademarks ‘NEWS HOUR’ and ‘NATION WANTS TO KNOW’ against ARG Outlier Media Pvt Ltd & Ors (hereinafter referred as ‘defendant No. 3’) , a company headed by Arnab Ranjan Goswami (hereinafter referred as ‘defendant No. 2’) and Samyabrata Ray Goswami before High court of Delhi.

BACKGROUND:

Defendant No. 2 use to work as Editor-in-chief in Times Now, a flagship channel of The Times Group. He use to anchor a live debate programme called ‘THE NEWSHOUR’ for Times Now. This show bestowed him to widespread fame. Posterior he left Times Now in 2016 and started his own channel called ‘Republic TV’ under flagship of ARG Outlier Media Pvt Ltd & Ors. 

FACTS: 

• The programme ‘THE NEWSHOUR’ was launched by Times Now on 31st Jan’ 2006. It was submitted by Plaintiff that the title ‘THE NEWSHOUR’ is the plaintiff’s registered trademark and has been in continuous use since 2006 having been developed in various forms and derivatives including word and label marks. It is claimed that the mark ‘THE NEWSHOUR’ has attained distinct identity to differentiate the programme amongst other programmes in the industry. The plaintiff submits the details of the registration of the trademark ‘THE NEWSHOUR’ under Classes 16, 35 and 38. 
• The plaintiff further submits that in order to popularize the said programme ‘THE NEWSHOUR’, they have invested their resources to generate strategies, concepts, implement segments and formulate catch lines/titles. During such creative efforts by the plaintiff the catch line/tagline/title ‘NATION WANTS TO KNOW’ was created for and on behalf of the plaintiff. It is pleaded that this tagline was coined and developed by the then editorial and marketing team of the plaintiff as key words to be used during the discussions and debates conducted on the ‘NEWSHOUR’ programme. 
• It is stated by plaintiff that on account of usage of the tagline primarily as a part of the programme, the same has acquired goodwill and distinctiveness indicative of the programme originating from the plaintiff in the eyes of the viewers of the channel. The tagline ‘NATION WANTS TO KNOW’ is a coined mark and is inherently creative. Keeping in mind the goodwill and popularity generated by the tagline NATION WANTS TO KNOW, the plaintiff has applied for registration of the trademark- word mark and logo of the said tagline in Classes 38 and 41 which covers broadcasting and entertainment services respectively. 
• The defendants submits that they filed trademark applications for registration of the mark ‘NATION WANTS TO KNOW’, ‘ARNAB GOSWAMI NEWSHOUR’, ‘GOSWAMI NEWSHOUR SUNDAY’, etc. claiming proprietary rights. The applications have been filed in class 38 on 27th Jan’ 2017 for some of the marks/device. 
• Plaintiff submits that defendant No. 2 was playing a very vital role in the plaintiff’s channel as Editor-in-Chief. He was privy to utmost confidential information and as per the employment agreement and other terms of the employment of defendant No. 2 with the plaintiff, all IPR in everything and anything created, made, developed or written during defendant No. 2’s employment are the sole and the exclusive property of the plaintiff to the exclusion of the entire world including the defendants. Plaintiff pleaded that defendant No. 2 is trying to take undue advantage of his past services with the plaintiff and popularity of the plaintiff’s programme under the said trade mark/title/tagline. 
• On the tagline NATION WANTS TO KNOW, Defendants submitted that defendant No. 2 as a news anchor used the tagline frequently and consistently in continuation with the past usage. Defendant No. 2 has been using the tagline till date. The same tagline was used by defendant No. 2 during his tenure with the plaintiff merely as words of common speech. The words were used as common speech while anchoring the programme and no other news anchors or journalists who were employed with the plaintiff use the same as the same was descriptive in nature. The same was neither scripted nor pre-planned in any manner and the same was used in the form of extempore speech by defendant No.2. 
• Defendants further submit that the tagline is synonyms with defendant No. 2. It cannot be conceived as a work over which the plaintiff can claim proprietary right in any manner. There is no IPR which endured to the benefits of the plaintiff as words in common speech cannot be considered as IPR. It is reiterated that the tagline THE NATION WANTS TO KNOW is synonyms with defendant No. 2 and the same is evident by a simple search on any popular online search engines where if the words THE NATION WANTS TO KNOW are typed, all of them refer to defendant No. 2. The said tagline is specific and inseparable from defendant No. 2. The tagline has become an integral part of the image and individuality of defendant No. 2 and is incapable of being appropriated or imitated by any other person or entity.

HELD: 

In this matter, the Single Bench of Hon'ble Mr. Justice Jayant Nath on 23rd October, 2020 passed interim injunction restraining ARG Outlier Media Pvt. Ltd. from using ‘NEWS HOUR’ or any other similar trademark which is deceptively similar to the trademark ‘NEWS HOUR’ of Times Now. It was stated that the plaintiff being the proprietor of the trademark ‘THE NEWSHOUR’ has a statutory right to the exclusive use thereof in India. Regarding the tagline ‘NATION WANTS TO KNOW’, no interim order is passed at this stage in favor of the plaintiff. The defendant No. 2 is free to use the same as part of his speech/presentation of any news channel, etc. However, if the defendants choose to use the same as a trade mark with respect to any of their goods/services, the said defendants will maintain accounts for such usage. Such accounts shall be filed in court regularly on an affidavit of one of the directors of defendant No. 3 once in every six months.