2. Plaintiff having applied for its trademark to be registered and
registration not being granted till when the suit was filed, it is obviously an
action for passing of.
3. The claim of Entertainment Network in the plaint is that it is operating
Online Internet Radio Station using the mark ‘PEHLA NASHA’ since the
year 2014 and it has gained immense popularity and goodwill. By launching
‘RADIO NASHA’, HT Media is infringing its right in the trademark
‘NASHA’ for which its application for registration was pending before the
Registrar of Trademarks. The suit was brought after it came to the
knowledge of Entertainment Network that HT Media had applied for
trademark registration for several marks including ‘NASHA FM’, ‘RADIO
NASHA’, ‘NASHA 91.9 FM’, ‘NASHA 107.02’ etc. in relation to radio and
television broadcasting services.
Source: Indian Kanoon