Delhi HC enunciates that,” Passing off is impossible. Nobody would believe that the Times Now and the Republic are associated with each other in any way”.
On Wednesday, the Times Group sought Permanent Injunction against use of the expression “the nation wants to know” on Republic TV, helmed by its Former Employee Arnab Goswami even as Court allowed latter to keep running a programme titled The Newshour and to use what judge referred to as Goswami’s favourite expression “The Nation wants to know”.
In a petition filed in Delhi high court, Times Group took exception to both.
Times Group Counsel Rajeev Nayyar argued that expression “the nation wants to know” has been used below Times Now logo since 9 January 2013.
Delhi High Court’s Single Judge Bench of Justice Manmohan observed that action of passing off shall only lie if public feels that the two entities are somehow connected.
However, he further added that,”There is so much competition and bitterness between the two that there is no question of Arnab riding on reputation of the Times Now by using these phrases. Passing off is impossible. Nobody would believe that the Times Now and the Republic are associated with each other in any way”.
The Judge thus advised both sides to lower temperature as ensuing bitterness is good neither for Senior Management of both the companies, nor for industry or the masses.
Concerning title “Newshour”, Justice Manmohan cited examples of BBC and PBS, stating that that these networks have been using it since 1970s and asked if the Times Now would go after them as well.
High Court has ordered the Republic TV to file a written statement on matter within the four weeks while restraining both the parties from reporting or publishing news on this matter. But the restraint order does not operate against any third party.