Kolkata Court Restrains TV19 From Using Marks Deceptively Similar To TV9

The Commercial Court at Rajarhat, Kolkata has restrained TV19 Network from using the marks "TV19", "TV19 Network" and "TV19 Network Bangla", holding that they are prima facie deceptively similar to the registered "TV9" marks of Associated Broadcasting Company Pvt Ltd (ABCPL).

Finding that the overall branding gave rise to a prima facie apprehension of deception and confusion among viewers and consumers, Judge Ishani Chakravarty Banerjee observed,

"The overall visual presentation, colour combination (which the defendants in their application for registration in Annexures – G Page 707 of volume – IV, has mentioned to be blue and red background) trade dress and manner of use, as reflected from the comparison chart and other documents, give rise to a prima facie apprehension of deception and confusion amongst viewers and consumers, which requires protection pending adjudication of the rights of the parties."

The judge then granted an ex parte ad interim injunction restraining the broadcaster from using the disputed marks until September 5, 2026.

ABCPL approached the commercial court alleging trademark infringement, copyright infringement, and passing off. It submitted that it has operated its television news broadcasting and digital media business under the "TV9" brand since 2004. The company also claimed to own several trademark registrations and copyright registrations in respect of the artistic works associated with the brand.

According to ABCPL, TV19 Network, which operates in the same line of business, adopted the marks "TV19", "TV19 Network" and "TV19 Network Bangla" along with a deceptively similar logo, trade dress, and colour combination. It argued that the broadcaster adopted the branding with a view to riding on the goodwill and reputation attached to the TV9 family of marks.

After examining the material placed on record, the court found that ABCPL had, at this stage, established prior adoption and long, continuous use of the TV9 family of marks. It also noted that TV19 Network's trademark application described its colour scheme as blue and red, matching the colour combination relied upon by ABCPL.

The court also took note of the broadcaster's response to ABCPL's cease-and-desist notice. Although TV19 Network stated in its June 12, 2026 reply that it was willing to revise its logo, documents placed before the court showed it was still operating under the disputed branding as recently as July 29, 2026.

Explaining why interim protection was warranted, Judge Banerjee observed, "Further, if the Defendants are permitted to continue using the impugned marks, logo, trade dress, and colour combination in relation to identical broadcasting and digital media services during the pendency of the proceedings, the alleged acts complained of would continue on a day-to-day basis and may result in further confusion amongst the public, dilution of the Plaintiff's statutory and proprietary rights, and injury to its goodwill and reputation which may not be adequately compensated by damages alone."

The court consequently restrained TV19 Network, its representatives, and those acting on its behalf from using the impugned marks or any other mark, logo, trade dress, artistic work, or colour combination deceptively similar to ABCPL's registered TV9 marks in relation to news broadcasting, digital media, and allied services.

It clarified, however, that the broadcaster remains free to carry on business under any other mark, trade dress, artistic get-up or colour combination that is not identical or deceptively similar to ABCPL's registered marks.

The matter has been listed for further hearing on October 8, 2026.