Court Restrains Mukul From Commenting On ‘Biswa Bangla’

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Kolkata: An Alipurduar judge on Tuesday restrained BJP leader Mukul Roy from saying anything that might suggest that Trinamool Congress MP Abhishek Banerjee may have links with Biswa Bangla Marketing Corporation Limited and Jago Bangla Marketing Private Limited or any other body with which Banerjee doesn’t have any link. The court order came following a plea filed by Banerjee seeking injunction against Roy and his men from making such allegations.

The court found merit in Banerjee’s arguments that a mere application for trademark does not mean that a person is part of the company. He also argued that neither is he a shareholder, nor a board member who frames policies and earns profits and dividends. Banerjee argued that Roy’s statements were made on mere conjectures and surmises. The court in its order said it appears that two established political leaders are at loggerheads, where one has passed such a comment which is not only “inappropriate, but also baseless and unwarranted”.
According to Roy’s legal counsel, “We have to examine the order in detail first. Appropiate legal steps will be taken accordingly. We need to understand why a person who is otherwise a resident of Kolkata had to file a case in Alipurduar, among other things.”

Banerjee in his petition stated that he never applied for registration of the trademarks with the object of deriving any personal gain. “That was also not the reason why Mamata Banerjee had permitted the petitioner to have the marks registered in his name. The intention was to have the application for registration made in the petitioner’s name till such time a state-owned institution/corporation is identified to use the trademarks for the benefit of the state,” the petition read.

Banerjee claims he had applied for registration of the trademarks merely to protect them from being misused. “The petitioner has already submitted documents in writing to the Trade Mark Registry regarding withdrawal of all applications for registration that had been made by him personally, apart from the other applications which were abandoned for non-prosecution by the petitioner,” the petition read.

The petition also says that though he is the proprietor of the trademark which is used by Jago Bangla Media Pvt Ltd with his permission, Banerjee has never received nor intends to receive any royalty or financial benefit in any form whatsoever from it. He also did not apply for registration of the trademark with the intention of deriving any profit therefrom.

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