Delhi High Court has restrained Prasar Bharti from using “Dish” for its direct to home (DTH) services as it infringes the trademark of Dish TV India Ltd.
“The defendant, during the pendency of the suit is restrained from infringing the trademark of the plaintiff by adopting the mark “DD FREE DISH‟ or any other mark incorporates the word DISH in it,” the court said.
Prasar Bharti has been given three months to inform its consumers/subscribers of the new name.
The petitioner said, since 2003, the company has been “providing DTH services under the brand name ‘DISHTV’ and is the original coiner, first adopter and prior user of the trade mark / corporate name DISHTV and that the word/mark “DISH‟ is an integral and distinctive element/feature of plaintiff’s trademark/trade name”.
Prasar Bharti had contested the claim, saying there was no similarity between “DD Free Dish” and “DISHTV” and there was no possibility of anyone being misled. “DISH” is a generic word used to describe equipment which receives the satellite signals, the defendant said.
It also said every DTH platform requires a dish antenna for receiving signals and “DISH” is publici juris and no one can claim exclusive right. The term “DISH” is not distinctive in nature and none can claim exclusive right to use, it added.―Livemint