Delhi High Court Orders Removal Of 'MH7' Trademark For Infringement Of MH ONE TV Network's Marks

MH ONE TV Network Pvt. Ltd. (petitioner) provides broadcasting services in cable, television and radio. Its 'MH ONE' channel streams Punjabi music and entertainment shows.

It has additional channels 'MH ONE SHRADDHA', a devotional channel and 'MH ONE NEWS', a 24-hour news channel with a focus on the Hindi-speaking states. It also earns revenue from digital media including YouTube.

The network's MH ONE/MH1 channels have been registered as trademarks.

The network submitted that it has been using the MH1/MH-ONE since the year 2002 and that the mark has acquired goodwill and reputation due to its long and continuous use.

The respondents, 'MH 7 News' are engaged in 'Media Buying Services', similar to the MH One Network.

The respondents adopted 'MH7' mark for their services and it has even been registered as a trademark.

In view of the similarity of the MH One Network's mark with the respondents, the Network sought cancellation of the registered trademark of the respondents.

The Network argued that the 'MH7' mark would cause confusion in the normal course of business activities as both parties are engaged in similar business.

Justice Mini Pushkarna proceeded ex-parte with the case as the respondent did not appear.

It noted that the petitioner's 'MH ONE' and 'MH1' were registered in 2006 and 2008 respectively. It further noted that the respondents filed the application for registration of their mark in 2017, several years after the MH One Network's registration.

Comparing the two marks, the Court observed that the respondents adopted mark that is deceptively similar to the MH One Network's marks.

It noted that services provided by them are of similar nature and the target consumer is also similar. In view of this, the Court stated that the 'Triple Identity Test' i.e., similar mark, similar services and similar consumers has been satisfied.

“Further, this Court notes that the services provided by both parties are of similar nature, i.e., transmission of various entertainment programs. Further, the target consumer is also similar, i.e., watching the Entertainment and News Channel. Thus, the Triple Identity Test, i.e., similar mark, similar services for which the mark has been registered and similar consumers, is satisfied.”

The Court observed that there is a high possibility that users would confuse the respondent's mark with that of MH One Network.

Noting that the Network has been using its mark since a long time, it opined that the respondents have adopted a similar mark to ride upon the goodwill of the petitioner.

Finding that the marks are deceptively similar, the Court said that the registration of the respondent's trademark was wrong and illegal.

The Court thus cancelled the respondent's trademark 'MH7'. It directed the Registrar of Trade Marks to take the necessary steps to remove the respondent's mark from its trademark register.

Case title: M/S M.H. ONE TV NETWORK PVT. LTD. vs. M/S MH 7 NEWS AND ANR. (C.O. (COMM.IPD-TM) 396/2022)