Punjabi Radio Broadcaster Sued for 'Creating Confusion' in Calif., Wash. Markets

Dhillon first used the Radio Punjab service mark in Canada in 2001, and he also used the mark broadcasting into Canada from Ferndale, Washington, from 2002 to 2004, said the complaint. He didn’t broadcast into U.S. markets before 2015, when he began recruiting investors to buy seven radio stations in California and Washington, promising them through mostly oral agreements they would double their investment in the stations in two years, said the complaint.

The suit names as defendants Dhillon and Radio Punjab; Mohan Cheema, director of Baaz Broadcasting and Amar Broadcasting; Tarnvir Bisla, director of TEG Broadcasting; and Jagdeep Dhaliwal, director Spice Radio USA; plus Does 1-50. Radio Punjab operates “infringing” radio stations KGST Fresno and KWAC Bakersfield, California; Baaz operates infringing radio station KNTS Seattle; and Amar has filed an application with the FCC to be assigned the license for KNTS, under 100% ownership of Dhillon, alleged the complaint. TEG holds the license for infringing radio station KOKO(FM1) Fresno, it said.

Dhillon never registered the Radio Punjab service mark with the Patent and Trademark Office, the complaint said. The mark comprises the trade name Radio Punjab; a logo with Radio Punjab in English and Punjabi plus an eagle; and a jingle tagline, it said. Concurrent with the filing of the complaint, plaintiffs have applied to register the mark with the PTO for use in Fresno, Bakersfield, Seattle and other areas where the mark hasn’t been used in the U.S., it said. The mark is “suitable for registration” because similar marks including Radio Punjab USA, TV Punjab and Punjab1TV have been registered, it said.

Plaintiffs’ radio stations were the first to use the name Radio Punjab in Fresno in 2014 and Bakersfield and Seattle in 2016, alleged the complaint. The Fresno and Bakersfield stations have been using the mark since their launch. The Seattle station used it continuously and exclusively from 2016-2020 when Dhillon “stopped paying rent on the station property and transferred the mark to a sister station,” KKDZ in Seattle, it said. The Radio Punjab trade name was “constantly advertised over the airwaves” and promoted each year at 15 Punjabi festivals, it said.

In a March 2022 dispute, primarily between Dhillon and plaintiff Charanjit Batth -- a stockholder in Akal Broadcasting, XL Media and Akal Media -- Batth told Dhillon he could no longer tolerate Dhillon’s “failure to provide a financial return to the investors,” said the complaint. There was also a dispute about plaintiffs’ “self-help action to obtain full ownership” of station KQEQ Fowler, California, and to eliminate Dhillon’s ownership interest, the complaint said.

Batth arranged with a noncompeting Punjabi station in Oakland to secure programming for the Fresno and Bakersfield stations to replace programming that had been provided by Dhillon, the complaint said. The stations continued to operate under Radio Punjab; Dhillon remained a minority shareholder and director but had no operating responsibility, it said.

Dhillon “launched a plan to retaliate” against plaintiffs’ radio stations “and drive them out of business,” the complaint said. Dhillon contracted for Baaz to lease airtime on KGST Fresno and KWAC Bakersfield. He bought KNTS Seattle and began using the Radio Punjab service mark for his new stations “in direct conflict” with plaintiffs’ stations, in which he held a minority interest, it said.

Dhillon “unlawfully appropriated” the Radio Punjab mark and created "confusion" in the radio market, said the complaint. Despite receiving a cease-and-desist letter from plaintiffs' attorney, Dhillon didn’t cease using the Radio Punjab mark, it said. As a result of defendants’ infringement, the Fresno stations suffered a “dramatic drop” in ad revenue from summer to present, it said.

Plaintiff XL Media, based in Fresno, California, owns radio station KGSV Bakersfield; plaintiff Akal Media, Kent, Washington, owns radio station KZIZ Pacific, Washington; plaintiff Balraj Brar, Fresno, is a stockholder of Akal Broadcasting, the complaint said. Plaintiff Nachhatar Dhaliwal, Parlier, California, is a stockholder of Akal Broadcasting and XL Media, and plaintiff Nazar Kooner, Bakersfield, is a stockholder of XL Media.

Dhillon, a Canadian who was limited by FCC ownership rules to a 15% stake, recruited investors for KIGS Hanford, California; KQEQ; KRPU Rocklin, California; KMKY, Oakland; KZIZ; KGSV; and KKDZ Seattle, said the complaint. Dhillon maintained operating control of all his radio stations, including financial management and accounting; FCC licensing; personnel; ad sales; promotion and other operation matters, the complaint said. He operated the Radio Punjab broadcasting network in return for $5,000 per month programming fees, it said.

Plaintiffs assert claims of unfair competition, false endorsement, false association and false designation of origin under the Lanham Act, common law trademark infringement, breach of fiduciary duty, conversion and accounting. They seek a permanent injunction enjoining defendants from competing against their radio stations and unlawfully using their service mark, plus attorneys’ fees and costs.