Bombay High Court quashes F.I.R against Newslaundry reporter filed by Sakal Media Group for trademark infringement
NEWS
By Vijay Chauhan
The Bombay High Court on 20 April, 2021 quashed an FIR registered by Sakal Media Group against Prateek Goyal, for using the trademark logo of the group in two articles authored by him and published in online media portal ‘Newslaundry’ dated 27/03/2020 and 11/06/2020, accusing him of falsely applying the trademark under Section 103 of the Trademarks Act, 1999. The articles were related to layoffs carried out by Sakal Times during 2020 lockdown with respect to violation of the Maharashtra government's order saying no employer should terminate their workers or
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reduce their wages. Mr. Goyal’s legal team contended that use of the logo was protected as a nominative fair use of the trademark under Section 30(1)(a) and (b) of the aforesaid Act. Sakal Media Group’s lawyers argued that Mr. Goyal had no right to claim any such protection because the use of the registered trade mark of Sakal Media Group prominently in the said articles unfairly projected the media house, thereby causing loss to its image and finances. The High Court, in its ruling held that the FIR could not have been registered due to absence of ingredients after proper interpretation of Section 101,102 and 103 as the mark being shown in the articles cannot be said to be in the context of either ‘goods’ or ‘services’ as defined under Section 2(j) and 2(z) of the
By Vijay Chauhan
NEWS
Trademarks Act and there was no suggestion that the said news portal itself was that of ‘Sakal’. On the contention pertaining to nominative fair use of the Trademark, the High Court refrained from making observations as the same would be subject matter of a pending suit for injunction that SMG has already initiated against Newslaundry India Private Limited on September 3, 2020. Prior to the complaint, a Rs 65 Crore defamation notice was sent to Prateek Goyal by Sakal Media Group.
By Vijay Chauhan