sign in sign up
<<
Home , Bigg Boss, Bigg Boss Bangla, Big Brother (franchise), Big Brother China, Endemol Shine Group, Shine Group

904.10.comipl.147.2020.doc dik IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION

INTERIM APPLICATION NO.1 OF 2020 AND LEAVE PETITION NO.56 OF 2020 IN COMMERCIAL IP SUIT (L) NO.147 OF 2020

Endemol Shine Nederland Producties B.V. & Ors....Applicants(Org. Plaintiffs)

In the matter between:

Endemol Shine Nederland Producties B.V. & Ors. …Plaintiffs

Versus

Andaman Xtasea Events Private Limited & Ors. …Defendants

------

Mr.Hiren Kamod, Advocate along with Mr.Vaibhav Keni, Ms. Doyel Sengupta Mattoo and Ms. Neha Iyer, Advocates i/b Legasis Partners, for the Applicants/Plaintiffs Mr. Lalit Sharma, representative of the Plaintiffs’ None for the Defendants .....

CORAM : B. P. COLABAWALLA, J. 21 FEBRUARY, 2020.

P.C. :

1. Mr. Kamod, learned Advocate for the Plaintiffs submits

that the papers and proceedings in the present matter have been duly

served upon Defendant Nos.1 to 3 on 10th February, 2020 and

Defendant No.4 on 8th February, 2020. An affdavit of service dated

Pg 1 of 18

::: Uploaded on - 24/02/2020 ::: Downloaded on - 24/02/2020 14:30:48 ::: 904.10.comipl.147.2020.doc

14th February, 2020 evidencing service of documents upon the

Defendants was tendered before this Court on 14th February, 2020 and the same was taken on record. As per the order passed on 14th

February, 2020, the Plaintiffs have given one more notice of this application to the Defendants vide emails dated 18th February, 2020.

A copy of the said order dated 14th February, 2020 is also served upon the Defendants through email. The said emails are tendered before the Court and the same are taken on record and and marked

“X” (colly) for identifcation. Despite service, no one is present on behalf of the Defendants.

2 This is an action for infringement of the Plaintiffs’ registered trademarks, copyrights combined with a cause of action for passing off. The Petition fled by the Plaintiffs seeking leave under

Clause XIV of the Letters Patent (Bombay) to combine the cause of passing off with the cause of action of infringement of trademarks and copyrights is allowed. The Plaintiffs are presently only pressing for ad-interim reliefs in terms of prayer clause (a), (b), (d), (e) and (f) of the Interim Application and are not pressing for the remaining reliefs at this stage.

3 It is stated that the Plaintiffs form part of the Endemol

Pg 2 of 18

::: Uploaded on - 24/02/2020 ::: Downloaded on - 24/02/2020 14:30:48 ::: 904.10.comipl.147.2020.doc

Shine Group, which is one of the biggest global content creators, producers and distributors with a portfolio of international hits including , Black Mirror, Broadchurch, Bron/Broen, and many more. It is stated that the Endemol is the world’s largest independent producer of television and digital content with more than 120 production companies in 20 countries. It is stated that works together with more than

280 channels, digital platforms and licensees worldwide. It is stated that every year, the Endemol Shine Group produces more than

61,000 hours of content in 50 different languages spread across the genres of entertainment, reality, game shows, comedy, drama, soap, sports, informative, animation and feature flms.

4 It is stated that one of the most popular reality shows of

Plaintiff No.1 is ‘Big Brother’ which was created by it in the year 1998 in its home country i.e. and launched in 1999 where it was frst made available to the public. It is stated that the said show had a unique, never seen before format where the contestants had to live in an isolated house, were flmed 24/7 and try to avoid eviction on the basis of public voting, competing for a cash prize to be awarded to the fnal . It is stated that the said show was an instant hit among the masses and generated extremely high TRPs. It is stated

Pg 3 of 18

::: Uploaded on - 24/02/2020 ::: Downloaded on - 24/02/2020 14:30:48 ::: 904.10.comipl.147.2020.doc that the said show became so popular that Plaintiff No.1 produced several seasons of ‘Big Brother’ in Netherlands. It is stated that

Plaintiff No.1 is the frst owner of the copyright subsisting in the format / content production bible of the ‘Big Brother’ which qualifes as the Original Literary Work under the Copyright Act, 1957. It is stated that the TV show Big Brother became so popular that Plaintiff

No.1 through Plaintiff No. 2 licensed the format ‘Big Brother’ to various entities across the world to make their own cinematograph flm adaptions of the Production Bible of ‘Big Brother’. It is stated that till date, adaptations / TV shows based on Plaintiff No.1’s said

Production Bible have been telecast in approximately 43 countries including , , , , , ,

Canada, , , , , ,

Ecuador, , , , , , ,

Indonesia, , , , , Netherlands, ,

Nigeria, , , , , , ,

Russia, , , South , , , ,

Thailand, , , US, UK among others. It is stated that ‘Big

Brother’ was and still is one of the most widely watched shows across the world. It is stated that the license granted by Plaintiff No.1 through No.2 to its affliates around the world to produce and broadcast the aforesaid adaptations of Big Brother has been granted

Pg 4 of 18

::: Uploaded on - 24/02/2020 ::: Downloaded on - 24/02/2020 14:30:48 ::: 904.10.comipl.147.2020.doc as a limited right and the ownership of the copyright in the said

Production Bible has always vested with Plaintiff No.1.

5 It is stated that as per the practice, Plaintiff No.2 licenses the right to produce a local language version of the Format to a

Broadcaster and the Broadcaster in turn appoints Plaintiff No.3 for production of that language version of the format. It is stated that while Plaintiff No.3’s ‘’ is based on the said Production Bible of the show “Big Brother”, Plaintiff No.3 has made minor variations to its TV show in view of the Indian market. It is stated that Plaintiff

No.3 invites celebrities as contestants for its show ‘Bigg Boss’ and uses the exact same gameplay as used in “Big Brother”. It is stated that Plaintiff No.3 launched the frst season of its TV show ‘Bigg Boss’ in November 2006 and the said TV show was an instant hit and generated extremely high TRPs. It is stated that since the format of the show was unique, one of its kind and never seen before on Indian television, the viewership of the show increased continuously. It is stated that due to the high demand and popularity of ‘Bigg Boss’ in

India, till date, Plaintiff No.3 has produced twelve seasons of the TV show in . It is stated that initially, ‘Bigg Boss’ was a show that aired in language. However, the same acquired popularity throughout India, due to which, the Plaintiffs decided to produce and

Pg 5 of 18

::: Uploaded on - 24/02/2020 ::: Downloaded on - 24/02/2020 14:30:48 ::: 904.10.comipl.147.2020.doc broadcast it in regional languages also to specifcally cater to regional viewers, particularly in . It is stated that Plaintiff No.3 has launched Bigg Boss in Marathi, Telegu, , Tamil, and Bengali languages, with each show enjoying massive TRP’s that is refective of the wide range of viewership enjoyed by the said shows.

6 It is stated that Plaintiff No.3 is the registered proprietor of the word mark “BIGG BOSS” bearing registration No.3107475 in

Class 41 in respect of education; providing of training; entertainment; sporting and cultural activities, television entertainment services, television show production, television studio services, production and organizing of entertainment and recreational events. Printouts from the offcial website of the Trade Marks Registry of the online status and registration certifcate of Plaintiff No.3’s said trade mark is at

Exhibit “B” to the plaint. It is stated that Plaintiff No.1 is the registered proprietor of the word mark and label mark BIG

BROTHER. Printouts from the offcial website of the Trade Marks

Registry of the online status and registration certifcates of Plaintiff

No.1’s said trade mark registrations bearing No.1267730 and

1267732 both in Class 41 are at Exhibit “C” & “D” to the plaint. It is stated that a unique and consistent component featuring across the various seasons of Plaintiff No.3’s Bigg Boss TV show, is the device of

Pg 6 of 18

::: Uploaded on - 24/02/2020 ::: Downloaded on - 24/02/2020 14:30:48 ::: 904.10.comipl.147.2020.doc an eye which is symbolic of the character Bigg Boss on the show. It is stated that Plaintiff No.3’s ‘Bigg Boss’ TV show prominently uses a unique device of eye in each season. The device of eye is found not only in respect of Plaintiff No.3’s ‘Bigg Boss’ TV show, but is also featured in some form or other in Plaintiff No.1 and Plaintiff No.2’s

‘Big Brother’ TV shows around the world. It is stated that the Device of Eye has always been one of the leading, essential and prominent features of all Bigg Boss formative marks and has come to be exclusively associated / identifed with Plaintiff No.3’s show. It is submitted that Plaintiff No.3 has kept the Device of Eye constant in the labels adopted for the regional shows as well. It is stated Plaintiff

No.3 has applied for and secured registrations of various labels / Bigg

Boss Formative Marks of which the Device of Eye forms one of its leading, essential and prominent feature in class 41 as per details set out in paragraph 21 of the plaint. Copies of online status and/or registration certifcates and/or journal extracts in respect of the above-mentioned trademarks are at Exhibits-“E-1” to “E-22” to the plaint.

7 It is stated that the TRP ratings of Plaintiff No.3’s show, global fan base and high viewership also establish the immense goodwill and recognition vested in the Plaintiffs’ said trade marks

Pg 7 of 18

::: Uploaded on - 24/02/2020 ::: Downloaded on - 24/02/2020 14:30:48 ::: 904.10.comipl.147.2020.doc which are the subject matter of suit. The TRP’s as recorded for various seasons are set out in paragraph 24 of the plaint. It is stated that the show “Big Brother / Bigg Boss” has gained substantial repute and goodwill worldwide and particularly in India. It is stated that the format contained in the production bible is unique and is exclusively associated by the general public at large with the Plaintiffs’ show “Big

Brother”/ “Bigg Boss” and any other show with the same / deceptively similar format, by whatever name and whatever language, will be associated by the public-at-large with the Plaintiffs’ show “Big

Brother”/ “Bigg Boss”. It is stated that the shows “Big Brother” and

“Bigg Boss” as such have attained such reputation worldwide that the marks Big Brother, Bigg Boss and Bigg Boss Formative Marks are exclusively associated with the Plaintiffs and their respective shows and any unauthorized use of the said trade marks i.e. “BIG

BROTHER”, “BIGG BOSS” and Bigg Boss Formative Marks or any marks which are identical with and/or deceptively similar to the said trademarks of the Plaintiffs by a third party who is not a permitted party / without the permission of the Plaintiffs is bound/likely to cause confusion and deception.

8 According to the Plaintiffs, in early November 2019, they were shocked to learn about an audition form and advertisement for a

Pg 8 of 18

::: Uploaded on - 24/02/2020 ::: Downloaded on - 24/02/2020 14:30:48 ::: 904.10.comipl.147.2020.doc show “Andaman Bigg Boss” (“Impugned Show”) wherein Defendant

No.1 invited audition forms from interested contestants. Images of the Audition Form and other promotional material of Defendant No.1 are reproduced in paragraph 31 of the plaint and at Exhibit “G” to the plaint. It is stated that Defendants were not only using an identical and/or deceptively similar mark “BIG BOSS” but also the device of eye which is identical and / or deceptively similar to the Plaintiffs’ Bigg

Boss Formative Trade Marks. It is stated that the Defendants’ tagline / slogan “Andaman Isse Apna Hi Ghar Samjho” is also adopted from the Plaintiffs’ tagline “India Isse Apna Hi Ghar Samjho” which forms one of the leading, prominent and essential component / feature of Plaintiff’s trade mark registration No.3268928 in Class 41.

Thereafter, upon conducting a search on the internet, Plaintiff No.3 also came across a YouTube video uploaded by Defendant No. 2 on 3rd

November, 2019 as “Andaman Bigg Boss | Promo Video | Offcial |

Andaman Isse Aapna Hi Ghar Samjho” using Plaintiff’s No. 3’s Bigg

Boss Season 6’s title track/song and announcing and promoting the proposed Impugned Show. It is stated that the said video was available at https://www.youtube.com/watch?v=xbFdG8-cOOE where the Defendants had mentioned the places where “Registration Forms” were available. Screenshots of the YouTube video taken by the

Plaintiffs are reproduced at paragraph 33 of the plaint and at Exhibit

Pg 9 of 18

::: Uploaded on - 24/02/2020 ::: Downloaded on - 24/02/2020 14:30:48 ::: 904.10.comipl.147.2020.doc

“H-1” to “H-7” to the plaint. It is stated that the Plaintiffs also came across a Facebook post by Defendant No. 2 posted on 5th November,

2019 regarding the said proposed Impugned Show which showed that the Defendants had released a new set of forms from their Facebook page. A screenshot of the said post and the Registration Form is at paragraph 35 of the plaint and at Exhibit “J-1” to “J-5” to the plaint.

It is stated that in view of the above, Plaintiff No.3 immediately sent a cease and desist notice dated 5th November 2019 calling upon the

Defendants to cease and desist from advertising /publishing the said

Impugned Show and the Impugned devices of eye to the general public on any platform, by any means and in any manner whatsoever.

The Plaintiffs further called upon the Defendants to call back and take down the Audition Form and all promotional material circulated for the promotion of the proposed Impugned Show from all the centers. It is stated that the Defendants were informed that their impugned actions amounted to infringement of the Plaintiffs’ registered trademarks, copyright and also passing off. A copy of the said cease and desist notice is at Exhibit “K” to the plaint. Upon the receipt of the said cease and desist notice, the Defendant No.2 contacted Plaintiffs’

Attorney over the telephone and stated that it was not their intention to infringe upon the rights of the Plaintiffs and that they shall take down the YouTube video and Facebook post and change the name of

Pg 10 of 18

::: Uploaded on - 24/02/2020 ::: Downloaded on - 24/02/2020 14:30:48 ::: 904.10.comipl.147.2020.doc the Impugned Show. Defendant No. 1 also sent a reply to the cease and desist notice vide an email dated 6th November, 2019 stating that they had started the work on the impugned project on 27th October

2019. Vide their reply, the Defendants not only apologized to the

Plaintiffs but also admitted to using the theme song of Bigg Boss

Season 6 and the tag line from Bigg Boss Season 10 and stated that they shall remove the same and they do not intend to violate the intellectual property of Plaintiffs. A copy of Defendant No.1’s reply is at Exhibit L to the plaint. It is stated that Defendant No.4 informed the Plaintiffs’ Attorney that they had been contacted by Defendant

No. 2 only for procuring some artists for a show and that they had nothing to do with the Impugned Show or Defendants Nos.1 to 3 and were not aware that their name was being used by Defendants Nos. 1 to 3 with respect to the Impugned Show and that they are willing to give an undertaking to that effect. It is stated that Defendant No.4 informed Plaintiffs’ Attorney that their name was being used without their consent and that they shall obtain a letter from Defendant No.1 affrming so. A copy of the Defendant No.4’s email dated 8th

November, 2019 is at Exh ‘M’ to the plaint.

9 It is stated that with a view to ascertain if the Defendants had actually stopped using the Plaintiffs’ trade marks, tag line, theme

Pg 11 of 18

::: Uploaded on - 24/02/2020 ::: Downloaded on - 24/02/2020 14:30:48 ::: 904.10.comipl.147.2020.doc song and fnd out the exact nature of the Impugned Show, Plaintiffs engaged an investigation agency to visit Andaman in the last week of

November, 2019. It is stated that upon such investigation, it was confrmed to the Plaintiff No.3 that the Defendants have changed the name of the Impugned Show from ‘Andaman Bigg Boss’ to ‘Andaman

Big Bro’ which not only infringes the Plaintiffs’ rights in their BIG

BROTHER and BIGG BOSS trade marks but also is contrary to what

Defendants Nos.1 to 3 had mentioned in their reply to the cease and desist notice. It is stated that the Plaintiffs decided to enquire further if the Defendants were also planning to copy the format of the show

Big Brother/Bigg Boss and instructed the investigator to do a follow up investigation over the days to fnd out more details about the production and nature of the format of the proposed Impugned Show.

It is stated that the investigation revealed that the Defendants despite apologizing in their reply to the cease and desist notice and being informed about trademark and copyright infringement, still have plans to make a similar show on the format of Big

Brother/Bigg Boss by renting a bungalow / villa, installing cameras in the said bungalow and had admitted to the investigator that the format of their Impugned Show was going to be broadcast as

‘Andaman Big Bro’ on the Local Andaman Channel name "Digital

Andaman". It is stated that the investigators were also told by

Pg 12 of 18

::: Uploaded on - 24/02/2020 ::: Downloaded on - 24/02/2020 14:30:48 ::: 904.10.comipl.147.2020.doc

Defendant No. 2 that they will have two YouTube channels viz.

"Andaman Live", which is currently showing local news and another one will be "Andaman Big Bro" which can be viewed from outside of

Andaman as well. It is stated that the investigation report shows that

Defendants have also been promoting the Impugned Show through hoardings, printed promotional material and through digital medium.

Copy of the investigation report is at Exhibit N to the plaint.

10 Mr. Kamod submitted that the similarity / identity between the rival TV shows is not a mere coincidence. He submitted that the Defendants in their promotional material have admitted that

“The Andaman Big Boss is inspired from the Big Boss, India……..

Experienced Big Boss contestants shall undertake the major part of selection and hosting of the same”. He submitted that the Defendants are using marks which are almost identical with and / or deceptively similar to the Plaintiffs’ trademarks with the intention of impressing upon the public at large that the proposed Impugned Show is affliated to Plaintiffs’ show. He submitted that by use of the impugned Marks, i.e. BIG BRO, BIGG BOSS, BIG BOSS and the tag line “Andaman Isse

Apna Hi Ghar Samjho” / parts thereof in their Audition / Participation

/ Entry Form and Promotional Material, the Defendants have tried to make the impugned Show look as a legitimate licensed version of

Pg 13 of 18

::: Uploaded on - 24/02/2020 ::: Downloaded on - 24/02/2020 14:30:48 ::: 904.10.comipl.147.2020.doc

Plaintiffs’ show. He submitted that the dishonesty of the Defendants is also apparent from the fact that the Defendants have also used a

device of eye which is similar to the Plaintiffs’ device of

eye, i.e. . He submitted that in view of the admission of the Defendants that the Impugned Show is inspired from Bigg Boss and the fact that they acknowledged the Plaintiffs’ rights in the said trademarks, they cannot therefore feign ignorance of the prior and superior rights of the Plaintiffs. He submitted that the Defendants are misleading the public at large for their own beneft. He submitted that in aforesaid circumstances, it is absolutely just and necessary that this Court issue a temporary injunction against the Defendants and restrain them from committing the acts of infringement and passing off.

11 I have heard the submissions in detail and perused the record. 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. Prima facie, there is no

Pg 14 of 18

::: Uploaded on - 24/02/2020 ::: Downloaded on - 24/02/2020 14:30:48 ::: 904.10.comipl.147.2020.doc manner of doubt that the rival marks / name / device of eye / taglines are identical and/or deceptively similar to each other. The rival marks / name / device of eye / taglines are reproduced herein below:

I am of the opinion that the similarity between the rival marks / name

Pg 15 of 18

::: Uploaded on - 24/02/2020 ::: Downloaded on - 24/02/2020 14:30:48 ::: 904.10.comipl.147.2020.doc

/ device of eye / taglines cannot be a matter of co-incidence. The acts of the Defendants are nothing but a systematic attempt to come as close as possible to the Plaintiff’s trade marks and show so as to deceive the public or somehow associate the impugned mark and show with the Plaintiffs. The Defendants’ impugned device of eye and

BIGG BOSS mark are a reproduction / substantial reproduction of the

Plaintiffs’ device of eye / BIGG BOSS mark. I agree with the submissions of Mr. Kamod that the Defendants are misleading the public at large for their own beneft. The contestants who are willing to pay money and participate in the Defendants’ show are quite likely to believe that they are participating in an authentic franchise of the

Plaintiffs’ show BIG BROTHER / BIG BOSS – all such proceeds are directly meant to beneft the Defendants. The members of the trade and public, who are acquainted with the Plaintiffs’ Big Brother / Bigg

Boss TV Shows, upon coming across the Defendants’ impugned show, are likely to be confused and / or deceived into believing that the

Defendants’ impugned Show is of the Plaintiffs and / or is originating from the Plaintiffs and / or is connected in the course of the trade with the Plaintiffs. Unless reliefs as prayed for are granted, the

Plaintiffs are likely to suffer injury. The Plaintiffs have made out a strong prima facie case. Today, despite service, none has appeared for the Defendants. The balance of convenience is in favour of the

Pg 16 of 18

::: Uploaded on - 24/02/2020 ::: Downloaded on - 24/02/2020 14:30:48 ::: 904.10.comipl.147.2020.doc

Plaintiffs. The Plaintiffs are also likely to suffer irreparable injury if the Defendants’ acts of infringement and passing off continue.

12 There shall accordingly be an ad-interim order in terms of prayer clauses (a), (b), (d), (e) and (f) of the Interim Application except the bracketed portion, which read as follows:

a. That pending the hearing and final disposal of the suit, the Defendants, by themselves, their servants, agents, licensees, franchisees, partners, proprietors or anyone claiming through, under or by them and / or otherwise be restrained by a temporary order and injunction of this Hon’ble Court from infringing the Plaintiffs’ registered trademarks bearing registration Nos. 3107475, 1267732, 1267730, 1502494, 2760855, 2009137, 2204126, 2392879, 2586515, 2804507, 2884720, 3068247, 3068261, 3268928, 3685011, 3685009, 3919123, 3957877, 3232658, 3599927, 3786613, 3786551, 4187678, 3983451 and 4234549 all in Class 41 by the use of the Impugned mark/name ANDAMAN BIG BRO or ANDAMAN BIGG BOSS or Impugned Device of

Eye, i.e. or or Impugned Taglines “Isse Apna hi Ghar Samjho” or “Yeh bhi toh apna hi ghar hai” and/or any other Impugned mark/name identical with and/or deceptively similar to the Plaintiffs’ registered trademark bearing registration Nos. 3107475, 1267732, 1267730, 1502494, 2760855, 2009137, 2204126, 2392879, 2586515, 2804507, 2884720, 3068247, 3068261, 3268928, 3685011, 3685009, 3919123, 3957877, 3232658, 3599927, 3786613, 3786551, 4187678, 3983451 and 4234549 all in Class 41 and/or any other Impugned mark/name containing any of the leading, essential and prominent features of the registered trademarks of the Plaintiffs in respect of the business of providing services in relation to entertainment, cultural activities, production of events, television programs/shows or any other services which are similar/ cognate / allied / complimentary to the same or in any manner whatsoever;

b. That pending the hearing and final disposal of the suit, the Defendants, by themselves, their servants, agents, licensees, franchisees, partners, proprietors or anyone claiming through, under or by them and / or otherwise be restrained by a temporary order and injunction of this Hon’ble Court from using the Impugned mark/name ANDAMAN BIG BRO or ANDAMAN BIGG BOSS

or Impugned Device of Eye, i.e. or or Impugned Taglines “Isse Apna hi Ghar Samjho” or “Yeh bhi toh apna hi ghar hai” and/or any other Impugned mark/name/device/tagline identical with and/or deceptively similar to the Plaintiffs’ said trade marks / tagline in respect of the business providing services in relation to entertainment, cultural activities,

Pg 17 of 18

::: Uploaded on - 24/02/2020 ::: Downloaded on - 24/02/2020 14:30:48 ::: 904.10.comipl.147.2020.doc

production of events, television programs/shows or any other services which are cognate / allied / complimentary to the same or in any manner whatsoever so as to pass off or enable others to pass off the Defendants’ impugned services and/or business as and for the Plaintiffs’ well known services and/or business, or in any other manner whatsoever;

d. That pending the hearing and final disposal of the suit, the Defendants, by themselves, their servants, agents, licensees, franchisees, partners, proprietors or anyone claiming through, under or by them and / or otherwise be restrained by a temporary order and injunction of this Hon’ble Court from exploiting, conducting auditions for, telecasting, publicizing or continuing to telecast the impugned show 'Andaman Big Bro’ in any manner whatsoever;

e. That pending the hearing and final disposal of the suit, the Defendants, by themselves, their servants, agents, licensees, franchisees, partners, proprietors or anyone claiming through, under or by them and/or otherwise howsoever be restrained by a temporary order and injunction of this Hon'ble Court from in any manner whatsoever from passing off the impugned show 'Andaman Big Bro’ as and for the Plaintiffs’ show Big Boss/Big Brother or from in any manner making or continuing to make, produce, broadcast, telecast or publish the impugned show Andaman Big Bro [or any show deceptively similar or a colorable imitation of the Plaintiff’s show Big Boss/Big Brother];

f. That pending the hearing and final disposal of the suit, the Defendants, by themselves, their servants, agents, licensees, franchisees, partners, proprietors or anyone claiming through, under or by them and / or otherwise be ordered and directed to take down all advertisements, YouTube commercials, promotional material, hoardings, signages and call back all fliers, posters, entry/participation forms and all such other material bearing the Impugned Marks;

13 List the Interim Application for hearing and fnal disposal as per its turn. Liberty to apply in case of changed circumstances.

(B. P. COLABAWALLA, J.)

Pg 18 of 18

::: Uploaded on - 24/02/2020 ::: Downloaded on - 24/02/2020 14:30:48 :::