The Delhi High Court has made a significant observation regarding the alleged trademark infringement of TV18 Broadcast Limited’s Hindi news show ‘Bhaiyaji Kahin’ by Times Now Navbharat‘s television program ‘Bhaiya Ji Superhit.’

Justice Amit Bansal presided over the case and dismissed the interim injunction application filed by TV18 Broadcast Limited against Bennett Coleman and Company Limited.

The court stated that, at first glance, there is no likelihood of confusion between the two television shows in question.

According to the judgment, the term ‘Bhaiyaji’ used in both titles is considered a generic term with widespread use, as per livelaw.in.

Therefore, no entity can claim exclusive rights over such generic words. The court cited Section 17 of the Trade Marks Act, 1999, to support its decision, emphasizing that the plaintiff is not entitled to exclusive rights over the mark ‘Bhaiyaji.’

The court further highlighted that the term ‘Kahin’ used by News 18 and the term ‘Superhit’ used by Times Now Navbharat are dissimilar, making the possibility of confusion even more remote. Based on this reasoning, the court concluded that TV 18 Broadcast Limited does not hold exclusive rights to the term ‘Bhaiyaji’ and cannot assert infringement claims against Bennett Coleman and Company Limited’s use of ‘Bhaiya Ji Superhit.’

This ruling brings clarity to the intellectual property rights associated with generic terms used in television show titles. The judgment establishes that common terms cannot be monopolized by any single entity, allowing for greater freedom in naming creative works without fear of potential trademark disputes.