When Arnab Goswami left Times Now, both the channel and his new venture raced to trademark his signature phrase, “The Nation Wants to Know.” Who owns a catchphrase? Three questions decide it.
The set-up
After Goswami quit to launch Republic TV (ARG Outlier Media), Bennett Coleman (Times Group) filed in December 2016 to register “nation wants to know” and “the nation wants to know.” ARG applied for the same phrases — and Times served a legal notice. The dispute crystallises into three issues.
1. Can a phrase be owned at all?
Yes — a slogan can be a mark under Section 2(1)(zb). To register, a party must show the phrase is distinctive, used in trade, and not customary in journalism. One might argue “nation wants to know” is too generic — but plenty of registered slogans use everyday words (KFC’s “finger lickin’ good,” Idea’s “an idea can change your life”). The phrase arose in trade (a fixture of The Newshour) and is not standard journalese like “scoop.” Distinctiveness ultimately turns on acquired distinctiveness — do people associate it with a source?
2. Whose identity does it evoke — the channel or the person?
This is the hard one. The phrase is so bound to Goswami’s on-air persona that many associate it with him, not the programme or channel. That association is the crux — and it points toward personality rights.
3. What did the employment contract say?
If Goswami’s contract had a standard clause vesting all IP created as an employee in the employer, the mark would lean to the Times Group (which hinted such clauses exist). Employment IP clauses are exactly where these fights are won or lost. (Compare our note on employer ownership of employee work.)
The wildcard: personality rights
Goswami’s counter is personality/image rights — a celebrity’s right to stop others commercially exploiting their name, image or persona. Indian celebrities (Rajinikanth, A.R. Rahman, Shah Rukh Khan) have registered names as marks; in Rajinikanth v. Varsha Productions, the Madras High Court held personality rights vest in those who attain celebrity status, protecting name, mannerisms and style. If Goswami shows the phrase is synonymous with his identity, that could trump a company’s registration attempt. (See our notes on personality rights vs AI and celebrity trademarks.)
The takeaways
- Slogans are registrable — if distinctive, used in trade and not customary.
- Association is everything — a catchphrase tied to a person may be protected by personality rights, not just the employer’s trademark.
- Employment IP clauses decide a lot — capture created IP clearly, but know they may not defeat personality rights.
Frequently asked questions
Can a catchphrase or slogan be trademarked in India? Yes, if it is distinctive, used in trade, and not customary — like other registered slogans.
Who owns a phrase created by an employee on air? Often the employer, if the contract vests employee-created IP in it — but personality rights can complicate that where the phrase evokes a person.
What are personality rights? A celebrity’s right to prevent unauthorised commercial exploitation of their name, image, mannerisms or persona.
Could Arnab defeat the company’s application? Potentially — if he shows the phrase is synonymous with his identity, personality rights could outweigh a company’s trademark claim.
Legislation referred to
- The Trade Marks Act, 1999