BOMBAY HC QUASHED AN FIR LODGED BY SAKAL TIMES AGAINST NEWSLAUNDRY

21st April 2021

The Bombay HC quashed an FIR lodged by Sakal Times against Newslaundry investigating journalist Prateek Goya for committing an offence under Section 103 Trademark Act, 1999 for falsely applying the trademark of Sakal Group in two articles authored by Goya and published in ‘Newslaundry'. 

According to the respondent, the articles are highly defamatory against the Sakal Media Group. Counsels for the petitioner submitted that ingredients of the offence under Section 103 of the aforesaid Act were absent and, therefore, the FIR deserved to be quashed.

The Court held that the mark shown in the two articles is indeed the ‘trademark’ of Sakal Media Group. The articles were published in the online news portal ‘Newslaundry’, and there was no suggestion that the said news portal was that of ‘Sakal’. The mere use of the registered trademark of the Sakal Media Group in articles authored by the petitioner and published by ‘Newslaundry’ do not fit into the definition of the false application of the trademark in relation to goods or services.

The Court further stated that the respondent has already initiated a suit for injunction against Newslaundry, which is pending, and order of temporary injunction is passed in favour of the respondent. Therefore, this court refrains from making any observations concerning the same.

Author - Papiha Ghoshal

Pc - wire