Thursday, June 23, 2011

Star Vijay TV alleged for infringing ‘Oscar’

The Academy of Motion Picture Arts and Sciences have approached the Delhi High court with the charge of infringement of their trademark in Oscar against Star Vijay TV. Allegedly, Star Vijay TV has awarded an ‘Oscar’s’ look alike trophy during their awards ceremony.

Justice G P Mittal of Delhi High Court has referred the matter for mediation and directed the parties to be present with the prototype of the trophy during the next hearing on July 13, 2011, if the parties fail to resolve the issue by then.

It is stated in the petition that “Vijay TV and Star TV are using the trophy for entertainment services, which is of the same nature as that of the petitioner”. It is further submitted that “impugned statuette is holding a shield at its chest, as opposed to the statuette of the plaintiff which is holding a sword at its chest. It is pertinent to note here that a sword and shield are complimentary to each other.” Further, the Academy has sought for stay on the award ceremony or make necessary changes before the award ceremony. However the court has declined to grant any interim relief to the Academy. Further Academy has prayed for the damages to the tune of Rs. 20 lakhs.

As the trophy was not produced in the court, hon’ble Judge has observed that, “It is going to have global ramification, you must produce the trophy to the court otherwise it would be difficult for me to issue any order.” The counsel for petitioner have opposed the contention of respondents to  bring the trophy in court stating that “the statuette is of pure solid gold and it was not possible to bring it to India for legal battle.”

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