Hon'ble Judges/Coram:
Ramesh Chandra Chopra

JUDGMENT

Ramesh Chandra Chopra, J.

1. This suit for permanent injunction, damages and delivery up etc. has been instituted by the plaintiff Company alleging that the plaintiff Company is organized and existing under the laws of State of Delaware, USA and is having its registered office at New York. It is a subsidiary of Time Warner Incorporation, which is a leading Magazine publisher in world. Its publications include the News Magazine 'TIME' as well as 'TIME ASIA'. These magazines have acquired worldwide trade reputation and goodwill and are known for fair reporting, good writing and authoritative and unbiased analysis of events and issues. The plaintiff Company is the registered proprietor of the trade mark 'TIME' in about 150 countries and its front page design with distinctive red border is recognized all over world. In para 7 of the plaint, details of its annual average paid circulation have been given. To cater to the specific needs and requirements of a world fragmented into continents and regions, the plaintiff has launched various international editions including 'TIME ASIA' which was introduced in July, 1946 for the residents of Asia. The details of the average paid circulation of 'TIME ASIA' have been given in para 14 of the plaint. The details of the registration in India of the trade mark 'TIME' and its cover design with red border device have been given in para 16 of the plaint. It has been pleaded that these registrations confer upon the plaintiff's exclusive right to use the said mark to the exclusion of all others. LIVING MEDIA is its distributor in India since 1994. The details of the circulation of this Magazine in India, its revenue and publicity expenses are given in Para 17 of the plaint. The plaintiff has alleged that the defendants started printing, publishing and distributing for sale ''TIME ASIA SANSKARAN'' by using the words ''now in Hindi also a News Magazine of International standards''. This press release indicating the launch of the Magazine from 18th July, 1999 uses the word 'TIME' in an identical type script and font style as is used by the plaintiff to represent the mark on its Magazines. The defendants invited advertisements also for its 'TIME ASIA SANSKARAN'. The search carried out by the plaintiff's distributors revealed that the Magazine titled 'TIME ASIA SANSKARAN' has been registered with the Registrar of Newspapers in India and the first issue of the Magazine dated August, 1999 has been released by the defendants in india. According to the plaintiff, a mere look at the defendants' Magazine discloses infringement of its trade mark 'TIME/TIME ASIA' and slavish imitation of the distinctive red border. To mislead the general public and readers, the defendants have also claimed on their magazine that they are having an office in New York, USA but the investigations carried out by the plaintiff have revealed that this address is false and has been adopted merely with a view to mislead the consumers in believing that thee defendants have an operative office in New York. The plaintiff has alleged that the defendants fully knowing the plaintiff's right in the trade mark 'TIME' and the world wide goodwill and reputation therein have sought to misappropriate the plaintiff's trade mark by using the words 'TIME ASIA'. In para 25 of the plaint, it is alleged that the confusion created by the defendants was reaffirmed when the plaintiff's office at Hong Kong received by facsimile a bill for advertising in the defendants' Magazine . It shows that the advertisers and clients desirous of placing advertisements in plaintiff's Magazine are actually getting confused into believing that the defendants' Magazine is in some way connected with the plaintiff's and as such, the revenue lost to the plaintiff stands established. The plaintiff with a view to amicably settle the dispute, addressed a legal notice dated 23.7.1999 to defendant No. 1 and thereafter in spite of telephonic discussions, the defendant No. 1 has not responded. The plaintiff has alleged that the actions of the defendants are malafide and dishonest inasmuch as by adoption of the title 'TIME ASIA SANSKARAN', the defendants are representing to the members of trade and general public that their Magazine i........