The Bombay High Court recently dismissed an application for interim relief by ARG Outlier Media Pvt Limited (Plaintiff), parent company of Republic TV, against Rayudu Vision Media Limited (Defendant), parent company of RTV, from using the R RTV device mark, which the Plaintiff alleged to be similar to the Plaintiff’s R. device mark.
It was the Plaintiff’s case that it has both statutory and common law rights over the R. device mark which pre-dates the Defendant’s adoption of a deceptively similar, R RTV Device mark.
The Defendant, on the other hand, submitted that, the Plaintiff’s R. device mark does not have any unique stylization as it merely consists of letter R with a dot, both written in white on a red background, and hence, R. device mark is a ‘weak trade mark’ and the Plaintiff cannot claim exclusive right over single letter R and the red and white colour combination. The Defendant also submitted that, R RTV device mark is a distinct and stylized mark and it is visually and structurally different from the Plaintiff’s R. device mark, when both the marks are compared as a whole.
The court, while agreeing with the Defendant, held that, the R. device adopted by the Plaintiff was in no manner stylized and therefore was not distinctive, and the Plaintiff cannot claim exclusivity over the letter R and red and white colour combination. The court, accordingly, dismissed the application for interim relief moved by the Plaintiff.
M/s ARG Outlier Media Pvt Limited vs Rayudu Vision Media Limited COMMERCIAL IP SUIT (L) No. 6543 OF 2023