AETN loses High Court battle with Discovery

Story from Broadcastnow.

A&E Television Networks (AETN) has lost a High Court battle to stop rival broadcaster Discovery using the channel brand Discovery History in the UK.
The two US broadcasting giants initially locked horns at the Royal Courts of Justice last year after AETN claimed that Discovery’s station, which launched in October 2010 after the broadcaster rebranded Discovery Knowledge, infringed the trademark of the History channel.

But Justice Peter Smith ruled earlier this month that there was not enough evidence to suggest that viewers would mistake the two brands.

“I do not see that any clear picture emerged from these witnesses to show there was any possible confusion,” he said in a 34-page judgment.

His ruling was critical of the way AETN gathered evidence to support its case. After completing more than 1,000 questionnaires in London in 2011, the company’s lawyers “cold called” a number of respondents to follow up with an interview.

Smith said the solicitors chose to record the conversations by taking notes and only informed the interviewees that the information was being used for litigation once they had finished their questions.

“I do not think it is appropriate for a witness to have his statement taken from him when he does not realise that it is being taken from him for the purpose of giving evidence,” the judge said.

Furthermore, he said that AETN lawyers “finessed” the statements to ensure they reflected the company’s argument “without the witness understanding this was happening”.

“It seems blatantly unfair to the witness,” he argued. “When preparing hearsay statements it is even more incumbent on the solicitors not to manufacture things to put that evidence in the best light for their clients.”
Smith also rejected a counterclaim by Discovery to strike out AETN’s History trademark. “I do not accept that the trademarks are invalid. I have simply decided that Discovery’s action have not infringed them,” Smith said.

A Discovery spokeswoman said: “We fully support the ruling by the judge.”

AETN declined to comment.