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Bombay High Court restrains Andaman Xtasea from infringing Bigg Boss trademark

The court has ruled this in the case filed by Endemol Shine Nederland which had filed a case of an alleged infringement of its intellectual property rights with regards to their registered trademarks for ‘Big Boss’ and ‘Big Brother’, both as wordmarks and label marks.

, ET Bureau|
Last Updated: Feb 25, 2020, 10.11 PM IST
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The company in its plea claimed that in November 2019, it came to know that the defendants had started advertisement and auditions for the Andaman Bigg Boss.
MUMBAI: The Bombay High Court has restrained Andaman Xtasea Events, an event company situated in the island of Andaman from infringing or using brand identical to ‘Big Boss’ in any manner.

The court has ruled this in the case filed by Endemol Shine Nederland which had filed a case of an alleged infringement of its intellectual property rights with regards to their registered trademarks for ‘Big Boss’ and ‘Big Brother’, both as wordmarks and label marks. Endemol has produced popular shows including Black Mirror, Deal-or-no-deal and Broadchurch among others.

“The defendants (Andaman Xtasea) are promoting a similar show on a local television channel in Andaman, which not only infringes the format adopted by the Plaintiffs for their TV show by the name of “Big Boss” in India, elsewhere broadcast as ‘Big Brother’, but that the very name ‘Big Boss’ has been used by the Defendants for promoting their show,” said the company in its complaint.

The company in its plea claimed that in November 2019, it came to know that the defendants had started advertisement and auditions for the Andaman Bigg Boss.

“The defendants were not only using an identical and deceptively similar mark but also the device of the eye which is identical and deceptively similar to the plaintiffs’ Bigg Boss Formative Trade Marks,” said the company in its petition.

“The defendants’ tagline ‘Andaman Isse Apna Hi Ghar Samjho’ (Andaman, consider this your own home only) is also adopted from the original tagline ‘India Isse Apna Hi Ghar Samjho’ (India, consider this your own home only),” argued Endemol Shine in its petition.

As per the company’s argument, when it came to know about such infringement, it had sent a notice to the Andaman-based company, in reply of which the island the company had informed the Endemol that they will not use the word ‘Big Boss’ in their program in any manner.

However, later the company had changed the name of it shows from ‘Andaman Bigg Boss’ to ‘Andaman Big Bro’ which was also infringement of the petitioner’s trademark and hence it had approached the court to restrain the island-based firm from using it in any manner.

“The acts of the defendants are nothing but a systematic attempt to come as close as possible to the Endemol’s trademarks and show so as to deceive the public or somehow associate the impugned mark and show with it,” observed Justice BP Colabawalla in his order, that restrained Andaman Xtasea from infringing the marks of Endemol in any manner. “The Defendants are misleading the public at large for their own benefit.”

Counsel Hiren Kamod along with Vaibhav Keni of law firm Legasis Partners were representing Endemol Shine in the case.
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