So while The Times Of India fought it out with The Hindu ‘on air’. It’s now Financial Times vs Financial Times. The Times Of India carried an advertisement of its own Financial Times in the Delhi edition on July 4.
Financial Times is among the worlds leading business news organization published by UK-based Pearson PLC. The UK-based house put out ads to claim that it had no association in any way with the Financial Times of The Times Of India.
The matter is now with the Intellectual Property Appellate Board and the Delhi High Court.
The ad is coming on the back of the decision by the tribunal body Intellectual Property Apellate Board (IPAB), in April 2012 that amongst other things said that “FTL (Financial Times Limited) is indisputably the first one to adopt the mark ‘Financial Times’. FTL is clearly first in the market.”
The Tribunal said that when FTL applied for registration of the trademark, there was no other newspaper which was being published under the said title and hence the grant of registration in FTL’s favour would not violate the provisions of the Press and Registration of Books Act (PRB Act). The Tribunal, however, also said that since FTL at present is only circulating and not printing and/or publishing the newspaper in India, the PRB Act would not apply to it.
As is known, BCCL and FTL are fighting the case since 1993. Various developments have transpired on the subject. In 2001, FT said that BCCL infringed its trademark by publishing a supplement called Financial Times with The Economic Times and filed a trademark suit against BCCL seeking protection of its trademark ‘FT’ in India.
The Times Group registered the ‘Financial Times’ title in 1991 in Delhi, according to the data available with RNI. In addition it registered several similar titles with RNI.
The IPAB April order said, “There is clear evidence to show that the use of the words ‘Financial Times’ would indicate FTL and no one else. The mark is associated in the minds of the Indian readers with the UK paper, i.e. FTL and not the Financial Times of any other country. FTL’s mark has acquired distinctiveness because of long use and in any event, TPH having applied for the same mark cannot attack it as being descriptive.”
The Times Of India advertisement about its Delhi NCR Financial Times:
Financial Times responds: