All the legal muscle flex for "plex"

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