Bennett Coleman and Company Limited challenged two trademark registrations of the "E!" mark owned by E Entertainment Television LLC in India, arguing the marks lacked distinctiveness and had not been properly used in the country.
In the Delhi High Court proceedings, the company filed applications seeking permission to cross-examine the respondent's witness, whose affidavit supported the claimed use and reputation of the marks.
The court dismissed both applications, holding that trademark rectification cases are normally decided on written affidavits and documents alone, with cross-examination allowed only in rare cases where strong reasons are shown.
Court found no specific doubts raised about the public records or company documents exhibited, noting that cross-examination is not an automatic right and would turn these summary proceedings into unnecessary full trials. The cases have now been listed for further directions.
Bennett Colemann and Co Vs E Entertainment: 10.03.2026:C.O. (COMM.IPD-TM) 86/2022 :2026:DHC:2010: Justice Manmeet Pritam Singh Arora
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