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When I think of Frank Sinatra's "My Way," I see a connection to the main ideas behind intellectual property law. "My Way" embodies personal expression and an individual's journey through life, which parallels the concept of the ideas-expressions dichotomy in copyright law. It echoes the principle that music, literature, or art can be copyrighted while allowing others to explore the same ideas without infringing upon that particular expression. Sinatra's anthem also celebrates uniqueness, which is reflected in the definitions of all of the varying types of intellectual property.

The Purpose of This Blog

The articles on this blog are all written, reviewed, and edited by me, Mr Peter Adediran, the Digital Media and Intellectual Property Solicitor at PAIL Solicitors. They are intended to empower the new generation of business executives, professionals, business owners and creatives who want to keep up with intellectual property, digital media and entertainment law in the digital age. Most importantly, empower the community of creatives who want to create works "their way". In today's rapidly evolving digital landscape, staying informed and increasing knowledge in specialised legal services is crucial for e-commerce and digital technology businesses. At PAIL® Solicitors, we understand the unique challenges start-ups, business owners, professionals, business executives, creatives, writers and talent face in protecting their intellectual property and navigating legal complexities. By reading this blog and engaging us as your legal representatives you can safeguard yours and your company's reputations, make informed financial decisions, and confidently expand into new markets by focusing on continuous learning and expertise in these areas.

This blog contains articles on the following themes:

  • Advice on Protecting Digital Content

Encouragement to Stay Informed and Protected

For creatives and businesses alike, staying informed about legal issues surrounding intellectual property is critical. Knowledge is a powerful tool for safeguarding one’s work from infringement or misuse. We encourage individuals to engage with our resources, participate in discussions, and keep abreast of developments in IP law. 

Narrow Your Focus

Discover Insights :

Passing off survey evidence

 

Passing off survey evidence

Zee TV is refused permission to adduce trade mark infringement and passing off survey evidence
 
Appeal from the High Court of Justice Chancery Division
 
Before: Lord Justice Elias, Lord Justice Lewison and Lord Justice Floyd
 
Between:
 
Claimants/Appelants
 
(1) Zee Entertainment Enterprises Limited

(a company incorporated under the laws of India)

(2) Asia TV Limited

(3) Multimedia Worlwide (mauritius) Limited
 
and
 
Defendants/Respondents

Zeebox Limited

Judgment date: 24 January 2014
 
Facts
 
This was an appeal from the judgement of Mr Justice Birss. The claimant applied for permission to adduce survey evidence in a trade mark and passing off case and for directions. Zee TV is an Indian based satellite and cable television channel owned by the first claimant. Based in Mubai it broadcasts a wide range of programming in Hindi and other Indian regional languages. Zee TV was launched in India on 1st October 1992 and is India’s first Hindi satellite channel. Zee TV was launched in the UK in March 1995. The defendant is a UK company incorporated in England in 2011. named Zeebox. It launched an app called Zeebox in November 2011. The claimant issued proceedings for trademark infringement and passing off of its rights in its “Zee” family of marks. The defendant’s answer to passing off is that neither the Z device nor the word Zee are distinctive of the claimants in the field of TV broadcasting. In addition, the defendant contends that no substantial number of members of the public will believe that the defendant’s products or services are the claimant’s products or service or connected in the course of trade with the same. The claimant had done two pilot surveys and applied for leave to do a full survey and adduce the evidence as a result.
 
The claimants application was dismissed by Mr Justice Birss. This judgment is on appeal of that decision. The decision of BirssJ was upheld for additional reasons with the Court of appeal refusing permission to adduce the survey evidence because the survey was obviously flawed and would not be of real value in deciding the case.

To obtain a quotation, please contact us at (020) 7305-7491 or at peter@pailsolicitors.co.uk. We would be delighted to assist you. Mr Peter Adediran is the owner and principal solicitor at PAIL® Solicitors.  Subscribe to our newsletter to get blog post updates and other information about the firm straight to your inbox.

Meet The Team: Peter Adediran; Maya El Husseini; Gabrielle Felix; Poppy Harston

 
IP & Trademark LawPAIL® Support TeamPail SolicitorsIndian TV Broadcaster, PAIL Solicitors, passing off, passing off cases, Peter Adediran, trademark infringement, trademark infringement cases, Zee TV