Viacom International Inc. v The Maharaja Organisation Ltd. – SC APPEAL NO: SC/CHC APPEAL 28/2003-2021

In the case between Viacom International Inc. and The Maharaja Organisation Limited (with The Director General of Intellectual Property as a respondent), the court addressed whether the registration and use of the “MTV” trademark by the 1st Respondent was likely to mislead the public as to the source of broadcasting services, given Viacom’s prior global reputation and use of the “MTV Music Television” mark. It was held that the dominant element “MTV” in both marks had the clear potential to create public confusion regarding the source of services. The court determined that the registration of the 1st Respondent’s mark was erroneous, and the appeal by Viacom International Inc. was to be allowed with costs awarded. The judgment reaffirmed principles relating to the dominant features in trade