Calcutta HC: Employee Looking for Another Job with Rival Company Isn’t Contrary  ||  Allahabad HC: Can’t Call Hindu Marriage Invalid Only because it Isn’t Registered  ||  Allahabad HC: Can’t Call Hindu Marriage Invalid Only because it Isn’t Registered  ||  Allahabad HC: No Power on Police to Open History-Sheet on Likes or Dislikes  ||  Rajasthan HC Puts Stay on Installation of Dairy Booth Outside Private Residence  ||  Calcutta HC: Cannot Summon Accused to Produce Incriminating Evidence against Himself  ||  Kerala HC Upholds STA’s decision mandating installation of cameras with Fatigue Detection Censors  ||  SC: Executive Instructions Cannot Override Statutory Recruitment Processes  ||  Delhi Lieutenant Governor’s Notification regarding Evidence of Police officers Put on Hold  ||  SC Issues Notice in Plea to Bring Bar Councils under POSH Act    

The Indian Express and anr v. Chandra Prakash Shivhare - (High Court of Bombay) (23 Oct 2015)

Injunction granted against title phonetically similar to ‘Indian Express’

Intellectual Property Rights

The Bombay High Court accepted arguments that the Defendant’s use of the title ‘Indian Express’ in Devnagari script for its newspaper infringed the trade mark registered in favour of The Indian Express Limited. It noted that the longevity, widespread use and daily publication of the mark made it well known, particularly given the prevalence of the internet over which it made available its ‘epaper’. The Court granted injunction against use of the phrase ‘Indian Express’ by the Defendant for being phonetically, structurally and aurally similar to that of the popular news daily. It expressed bewilderment over the Defendant’s choice of name for the paper given the plethora of publications, and subsequent failure to explain his “unbidden epiphany” in choosing the same.

Tags : INDIAN EXPRESS   TITLE   TRADE MARK  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved