38.6c New Delhi, India, Thursday, October 31, 2024
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

Bombay HC dismisses the FIR against Newslaundry, States, "mere use of a trademark in an article does not amount to false use"

By Kartikey Garg      24 April, 2021 06:33 PM      0 Comments
Bombay HC dismisses the FIR against Newslaundry, States,

On Wednesday (September 16, 2020) a case was registered at Vishrambaug Police Station by the Sakal Times against a Newslaundary journalist Prateek Chandragupt Goyal claiming that he had used the trademark of the Sakal Times in his stories published on Newslaundary website for an offense u/s 103 of Trademark Act. 

On Tuesday (April 20, 2021) the FIR lodged by the Pune Police Station against Newslaundary journalist Prateek Chandragupt Goyal was rejected and quashed by the Bombay High Court.

According to the FIR, Goyal committed an offense by using the Sakal Group's trademark incorrectly in two articles he wrote and released on the news portal "Newslaundry." 

The two papers were written on March 27, 2020, and June 11, 2020, respectively. The registered trademarks of the Sakal Media Group and Sakal Times were prominently displayed at the top of the posts. The headline of an article published on March 27, 2020 read, 'The future is bleak: Sakal Times staffers say they were fired in violation of Maharashtra order.' 

They decided to get rid of us: over 50 employees laid off as Sakal Times shuts down,' read the headline in the article published on June 11, 2020. 

These were highly defamatory articles against the Sakal Media Group, according to complainant Mahendra Pisal (54), Chief Administrative Officer of Sakal Media Group, and the use of the official logos/trademarks of the Sakal Media Group and Sakal Times on these articles clearly amounted to falsely applying for the said trademark, resulting in an offence under Section 103 of the aforementioned Act. 

When the word Sakal' was typed into an online search engine, it led to the said posts, which were written by the petitioner (Goyal) and published on the news portal Newslaundry,' proving that the offence under Section 103 of the said Act was indeed committed in this case. 

Hence it was held that It is an admitted position that the stories were published on the online news site Newslaundry,' and there was no indication that the news portal was owned by Sakal.' 

"Simply because the petitioner's articles were published in the news portal "Newslaundry" after an online search for the term "Sakal," does not indicate that the registered trademark of Sakal Media Group was falsely applied to products or services by the petitioner. At worst, such an online search leading to the aforementioned articles may be the subject of an injunction suit at Sakal Media Group's request due to the contents of the articles, but that falls within the realm of a civil dispute that Pisal could raise.", the court said.

Pisal had also released a Notice on behalf of the Sakal Media Group (claiming Rs. 65 lakh in defamation) and chose to file an injunction suit with the competent Civil Court, which is still pending.



Share this article:



Leave a feedback about this
TRENDING NEWS


TOP STORIES

sc-tells-ncp-led-by-ajit-pawar-to-declare-use-of-clock-symbol-sub-judice
Trending Judiciary
SC tells NCP led by Ajit Pawar to declare use of Clock symbol sub judice

SC directs Ajit Pawar-led NCP to declare ‘Clock’ symbol use as sub judice in all election materials, pending final court ruling on its rightful ownership.

25 October, 2024 11:12 AM
justice-sanjiv-khanna-to-take-oath-as-chief-justice-of-india-on-nov-11-2024
Trending Legal Insiders
Justice Sanjiv Khanna to take oath as Chief Justice of India on Nov 11, 2024 [Read Notification]

Justice Sanjiv Khanna appointed as the 51st Chief Justice of India, succeeding CJI Chandrachud, with a tenure starting on November 11, 2024.

25 October, 2024 11:17 AM
sc-grants-bail-to-businessman-in-delhi-liquor-policy-scam-case
Trending Judiciary
SC grants bail to businessman in Delhi liquor policy scam case

Supreme Court grants bail to businessman Amandeep Singh Dhall in Delhi liquor policy scam case, noting the lengthy trial process with over 300 witnesses.

25 October, 2024 04:11 PM
sc-dismisses-ex-jharkhand-cms-plea-for-suspension-of-conviction-to-allow-him-contest-assembly-polls
Trending Judiciary
SC dismisses ex Jharkhand CM's plea for suspension of conviction to allow him contest Assembly polls

The Supreme Court rejects ex-Jharkhand CM Madhu Koda’s plea to stay his conviction, barring him from contesting the upcoming Assembly elections.

25 October, 2024 05:10 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email