Allahabad HC: Police Report in Non-Cognizable Offence is a Complaint; Accused Must Be Heard First  ||  Kerala HC: Hospitals Must Display Rates and Cannot Deny Emergency Care For Lack of Advance Payment  ||  Orissa HC: Convict’s Refusal to Appeal Through Legal Aid Must be Recorded in Writing  ||  SC Halts Deer Translocation From Delhi’s AN Jha Park And Orders a Probe into DDA Negligence  ||  Supreme Court: The Growing Trend of Succeeding Benches Overturning Earlier Judgments is Troubling  ||  SC: Administrative Orders Must be Based on Stated Reasons and Cannot Add New Grounds Later  ||  HP HC: Mixing Contraband Pouches Before Sampling Raises Serious Doubts About Accused's Possession  ||  Bombay HC: Drug Names Using International Non-Proprietary Names Cannot be Monopolized  ||  Delhi High Court: Assets From Illegal Cricket Betting are Proceeds of Crime Attachable by ED  ||  Delhi HC: Extension to Issue SCN U/S 110 of The Customs Act Must be Granted Before Six Months Expire    

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