Bombay HC Restrains Andaman-Based Reality Show Andaman ‘Big Bro’ Owing to Trademark Infringement

In the present times, it has become highly significant and desirable to obtain Trade Mark registrations for protection of the name as well as the concept of a TV Show, movie or a book.  Many producers and concerned filmmakers have the tendency to imitate and re-create films or shows revolving around a similar concept with a motive to gain similar degree reputation and goodwill as acquired by the original production.

With regards to infringement of a TV show or book, one part of it attracts Copyright violation wherein a significant script proving substantial imitation exists and the other part involves Trademark violation, in case an identical or deceptively similar title or tag-line exists. Recently, Bombay High Court decided a similar matter wherein Andaman’s “Big Bro” TV Show was restrained from broadcasting, owing to trademark infringement.

The Amsterdam-based media company, Endemol Shine Productions was founded in the year 1994 by John de Mol Jr. and Joop van den Ende. This 26-year old company is engaged in production and distribution of multi-platform entertainment and is known for annual production of about 15,000 hours of scripted and unscripted programming, including reality TV shows, comedy shows, game shows, drama, documentary and children’s favourites.

This production company acquired immense popularity across continents on the launch of its Reality TV Show ‘Big Brother’ in the Netherlands in the year 1998. Over the years, it became extremely reputed leading to launch of shows based on similar concepts in several countries, including India, in the year 2006 under the name ‘Bigg Boss’.  

Recently, the Endemol Group filed a suit against a local Andaman-based reality TV show being broadcasted under the name “Andaman Big Bro” on account of Trade Mark infringement. The Netherland-based production house alleged in their plaint, "Andaman Bigg Bro" is to be shown on local Andaman channel "Digital Andaman". They added, “‘Big Brother’ and ‘Bigg Boss’ have attained such reputation worldwide that the marks Big Brother, Bigg Boss and Bigg Boss Formative Marks are exclusively associated with them”.

On February 21, Bombay High Court Justice B. P. Colabawalla, vide its order, restrained Andaman-based production house from infringing trademarks of Endemol Group.

The court observed, “The material produced before me, prima facie, shows that the plaintiffs are the proprietors of the marks BIGG BOSS, BIG BROTHER / Bigg Boss Formative Marks of which the Device of Eye and the tagline 'India Isse Apna Hi Ghar Samjho' form one of the leading, essential and prominent features,"  It added, “Prima facie, there is no manner of doubt that the rival marks/name/device of eye/taglines are identical and/or deceptively similar to each other,”. 

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