Bigg Boss trademark infringement: HC restrains Andaman channel

In a relief to Endemol Shine Group, makers of reality show 'Bigg Boss' and 'Big Brother',

the Bombay High Court has restrained makers of local "Andaman Big Bro" from infringing trademarks of the production house.

Justice B P Colabawalla was hearing a plea filed by Endemol Shine Group challenging a show to be launched called

"Andaman Bigg Bro" claiming trademark infringement. As per the plaint, "Andaman Bigg Bro" is to be shown

on local Andaman channel "Digital Andaman". The HC, in its order on February 21, noted that the

similarity between the two shows cannot be mere coincidence. "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,"

the court said in its order. "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," it said.

The court restrained the makers of "Andaman Big Bro" from using trademarks of Endemol Shine Group or telecasting or

conducting auditions for any show that is similar to that of the plaintiff's "Big Brother" and "Bigg Boss".

The petitioner is a global content creator and production house, and had, in 1998, launched a show "Big

Brother" in Netherlands. Later, owning to its popularity, similar shows were

started in several countries, including India, in 2006 under the name "Bigg Boss".

The plea added the show, in India, was only in Hindi but later it was launched in several other languages like

Tamil, Malayalam, Marathi and so on. As per the plea, '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. Any unauthorized use of the trademarks by a third

party is likely to cause deception and confusion, the petition said.