Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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ZEE GOT THE PLEX ITS NOW ZEEPLEX

  • Zee Entertainment can finally use the word "Plex" for its upcoming online channel
  • The Bombay High Court cleared the status Quo in the Zee- Plex dispute
  • The dispute arose out of the copyright infringement issue between Zee Entertainment and Plex
  • The Court refused to pass an interim injunction restraining Zee from using the word PLEX

BONE OF CONTENTION: MY PLEX IS MY MARK

  • Plex claimed its international trademark registrations in May 2008 in the United States
  • However registered its first user in India in Aug.2008
  • It claimed a subscribers base of more than 5 Lac
  • Also complained of the word Plex being used as a single unit for Zee as Zeeplex

WE HAVE THE GOODWILL TO ZEE-PLEX

  • Zee having good numbers in sales vis-a-vis Plex in the Indian territory worked in its favour
  • Plex last 5 year combined India sale much low as compared to the expenditure made by Zee for this upcoming online platform
  • Court considered the immense financial loss to Zee, if the injunction is granted
  • Zee Entertainment given clean chit in duping or misleading the consumers

NO EVIDENCE BY PLEX! ZEE IS FREE TO HAVE "PLEX"

  • Court said "There is no case of passing off proven by Plex",
  • Lack of evidence submitted by the plaintiff in showing deception also helped Zee
  • As stated by Court: Every Claimant in a Passing off action stands or falls on his own merits and case.
  • Court took a strict stand on wasting court’s time in IPR matters and said that this practise should stop

TRADEMARK WARS: MUSCLE FLEX NOT JUST LIMITED TO ZEE & PLEX

  • Trademark infringement is the unauthorised usage of a mark, identical or deceptively similar to a registered trademark.
  • In India, the infringement of a trademark is a cognisable offence
  • The infringer may also face criminal charges along with civil charges.
  • In case of trademark infringement, the court may award induction or damages if the infringement is proven
  • Brands like Louis Vuitton, Adidas, Go Daddy etc. are also some global brands fighting the trademark battle
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