Monday, January 18, 2021
Home News Reports Subramanian Swamy has a point, Arnab Goswami’s ‘Republic’ could be in trouble

Subramanian Swamy has a point, Arnab Goswami’s ‘Republic’ could be in trouble

BJP leader and founder of Virat Hindustan Sangam (VHS) Subramanian Swamy is no fan of Arnab Goswami. In a live debate, he once called Arnab a “dumbo” and “liar” who was allegedly attributing false statements to him. He never appeared on Arnab’s flagship show The Newshour after that, insisting that Arnab has to be made to undergo prayashchit (penance) first:

Looks like Arnab didn’t undergo the ‘required’ prayashchit and hence now he is being made to face the shraap (curse) of Swamy.

Earlier today, the former Union Minister revealed on Twitter that he had written a letter to the Ministry of Information & Broadcasting, informing about a possible violation of rules and laws by Arnab, since the former Times Now editor-in-chief had named his new venture “Republic”:


The letter is dated January 13, which means Swamy wrote to the ministry barely a month after it became a public knowledge that Arnab’s new venture will be called “Republic” and within a week of its social media debut.

But does the name violate the laws of the land?

It appears that Swamy does have a point, as the Emblems and Names (Prevention of improper use) Act of 1950 (pdf link) forbids use of certain terms ‘for the purpose of any trade, business, calling or profession’. Such terms are explained and included in the act, and under item 6 of the schedule, the term “Republic” is mentioned (subject to interpretation of the clause):

Screenshot of national emblems act
Part of the Schedule in the Emblems and Names act, 1950.

Apart from the terms mentioned in the Emblems and Names act, the Corporate Affairs Ministry also has a list that forbids some terms while registering name of a private limited company or partnership. “Republic” is explicitly mentioned in that list.

However, the term “Republic” is not contained in the names of the private limited companies that could own this upcoming TV channel. The names of companies where Arnab is a director are ARG Outlier Media Private Limited and SARG Media Holding Private Limited, which seemingly are ‘safe’ and legitimate names.

While the company’s name is safe, what about the channel’s name? Does that violate any act or rule?

Experts believe that the Emblems and Names act will apply to the brand names or trademarks owned by a company too, and Arnab Goswami could be in trouble if Swamy decides to take it to a logical conclusion.

“Section 4 of the Emblems and Names act clearly says that no competent authority shall register a trademark which bears any emblem or name (included in the act). The channel name Republic must have been applied for a trademark, and that can be rejected under this act,” Ajita Patki, a Pune based lawyer specialising in Intellectual Property Rights said.

Therefore, Arnab might face a situation where he fails to secure a trademark for his new channel, which means that he may not be able to stop anyone else from pretending as Republic TV channel. Furthermore, he can invite penalties for using the term for his commercial venture.

“As per the Emblems and Names act, a penalty of just 500 rupees is mentioned, but the act also says that ‘the competent authority may refer the question to the Central Government, and the decision of the Central Government thereon shall be final’. Perhaps that’s why Swamy has written to the central government, though the Registrar of trademarks should have taken that step after receiving such objections,” Ms. Patki said.

But some believe that Arnab could be safe and he can cite the example of NDTV, which stands for New Delhi Television limited.

“If we go by strict interpretation and implementation of the act, even NDTV could appear to violate the item number 7 of the Emblems and Names act. The term ‘New Delhi’ in NDTV’s name could be argued to be suggesting a connection to the state or local authority of New Delhi,” Company Secretary and OpIndia columnist Ashutosh Muglikar argued.

So let’s see if Swamy is going to spoil Arnab’s party or Arnab will be able to save himself from this possible trouble.

  Support Us  

Whether NDTV or 'The Wire', they never have to worry about funds. In name of saving democracy, they get money from various sources. We need your support to fight them. Please contribute whatever you can afford

OpIndia Staffhttps://www.opindia.com
Staff reporter at OpIndia

Related Articles

Trending now

From Times of Islamabad to The Hindu: 5 media outlets which ’knew about the Balakot airstrike before it happened’ according to ‘liberal’ logic

The Mumbai Police leaked the private WhatsApp chats of Arnab Goswami on the internet in order to embarrass the Republic TV Editor.

Director of ‘Tandav’ issues ‘unconditional apology’ for hurting Hindu sentiments after UP Police registers an FIR: Details

Ali Abbas Zafar, the director of the recently released controversial web series Tandav, has issued an "unconditional apology".

‘Consensual affair’ between minors and adults not a valid defense, says SC: Here’s why it is significant in view of growing Grooming Jihad cases

The Supreme Court on the 13th of January delivered a very significant judgment in a case involving the kidnapping of a minor.

As India starts world’s largest COVID vaccination drive, media organisations resort to spreading lies and fear

Several media organisations have published headlines that alluded the ward boy who died of heart attack in Moradabad, had lost his life because of COVID-19 vaccine

‘Gaadi se layenge farzi comedian ko’: UP Police reaches Madhya Pradesh to take custody of Munawar Faruqui

UP Police has sought custody of 'comedian' Munawar Faruqui in a 2020 case pertaining to allegations of insulting Hindu gods and goddesses.

Hinduphobic content on OTT platforms and censorship: The case against it and the ironic case for it

Content creators don’t stay away from picking on other communities because they fear lawsuits or court cases. They stay away because they fear raw street power.

Recently Popular

British-Pakistani singer Zayn Malik says he loves India and fans can’t keep calm

Recently, Zayn Malik was heard singing Mohammad Rafi's Chaudavi Ka Chand in the track Tightrope.

‘Madam Chief Minister’ poster row: Bhim Sena threatens to cut off Richa Chadha’s tongue, actress apologises for poster

The poster of 'Madam Chief Minister' showed Richa Chadha holding a broom. Many have called it an offensive stereotyping of the Dalit community.

‘Not a single NPA in the three decades of its existence,’ Adani Group rubbishes Subramanian Swamy’s allegations

On Friday, BJP MP Subramanian Swamy had put out allegations on Twitter against Adani accusing him of non-payment of loans worth Rs 4.5 lakhs, which has allegedly turned into an NPA.

What the Nidhi-Harvard story reveals about our world: Get off your high horse, you are not that special, anyway

Liberal journalist, Nidhi Razdan, thought she had received an offer from Harvard University to become an Associate Professor of journalism.

Congress admits Mumbai police leaked Arnab Goswami chats: Here are all the wild conspiracy theories they generated

Prithviraj Chavan has admitted that it was the Mumbai Police which leaked the private WhatsApp chats of Arnab Goswami.

Pakistan claims India staged Pulwama attack after Mumbai Police leaks chat to embarrass Arnab, Republic hits back: Details

Pakistan has now issued a statement on the nonsensical controversy surrounding the private WhatsApp chats of Arnab Goswami

Mamata Banerjee declares war against Suvendu Adhikari, will contest 2021 polls from Nandigram, latter says ‘challenge accepted’

Mamata Banerjee declared that she would be contesting the upcoming Assembly polls from Nandigram in Purba Medinipur.

From Times of Islamabad to The Hindu: 5 media outlets which ’knew about the Balakot airstrike before it happened’ according to ‘liberal’ logic

The Mumbai Police leaked the private WhatsApp chats of Arnab Goswami on the internet in order to embarrass the Republic TV Editor.

California pauses the use of a huge batch of Moderna COVID-19 vaccine: Read why

Prior to this, a doctor in Boston had developed a severe allergic reaction after receiving Moderna COVID-19 vaccine

‘Took his penis out and asked me to feel it’: Actress Sherlyn Chopra accuses Sajid Khan of sexual harassment

Sherlyn Chopra has come forward and alleged that Sajid Khan took his penis out of his pants when she went to meet him in 2006

Director of ‘Tandav’ issues ‘unconditional apology’ for hurting Hindu sentiments after UP Police registers an FIR: Details

Ali Abbas Zafar, the director of the recently released controversial web series Tandav, has issued an "unconditional apology".

‘Consensual affair’ between minors and adults not a valid defense, says SC: Here’s why it is significant in view of growing Grooming Jihad cases

The Supreme Court on the 13th of January delivered a very significant judgment in a case involving the kidnapping of a minor.

BBC ‘Death in Bollywood’ documentary: Jiah Khan’s sister narrates how Sajid Khan harassed the actor, says ‘he asked her to take off her top’

BBC recently come out with a documentary series titled 'Death in Bollywood' that traced the mysterious death of late actress Jiah Khan

As India starts world’s largest COVID vaccination drive, media organisations resort to spreading lies and fear

Several media organisations have published headlines that alluded the ward boy who died of heart attack in Moradabad, had lost his life because of COVID-19 vaccine

India Today CFO and Distribution Head being grilled by ED again in the fake TRP case: Read details

India Today CFO was earlier summoned by the ED for questioning in the TRP case on January 8.

‘Gaadi se layenge farzi comedian ko’: UP Police reaches Madhya Pradesh to take custody of Munawar Faruqui

UP Police has sought custody of 'comedian' Munawar Faruqui in a 2020 case pertaining to allegations of insulting Hindu gods and goddesses.

Connect with us

245,563FansLike
496,912FollowersFollow
22,800SubscribersSubscribe