Bombay High Court restrains New Indian Express

The single-judge bench of Justice Riyaz I Chagla, which passed the order on an interim application in a commercial intellectual property rights suit by The Indian Express (P) Ltd, noted that the MoS was recorded as a decree by the Madras High Court on April 16, 1997, and the Supplemental Agreement dated August 12, 2005, executed between the plaintiff and defendant.

“The Plaintiff has accordingly made out a strong prima facie case for grant of interim relief. The balance of convenience is also in favour of the Plaintiff, as such usage by the Defendant of “New Indian Express” outside the permitted territory results in violation of the express terms of the MoS and Supplemental MoS and dilution of the Plaintiff’s mark “Indian Express” of which the mark “New Indian Express” is a derivative for limited territory and for no other purpose whatsoever. Such usage would also result in irreparable harm being caused to the Plaintiff,” the order stated.

The Indian Express (P) Ltd, through Senior Advocate Darius Khambata, Advocates Arun Mohan, Dr Abhinav Chandrachud and others instructed by Advocate Poorvi Kamani, said the MoS was carefully structured to ensure the total and complete IPR of “Indian Express” vested in Indian Express Newspapers (Bombay) Ltd (IENB) and it was on this basis that “Indian Express” was always meant to be owned and vested in IENB. Senior Advocate Zal Andhyarujina for the defendant opposed the interim application.

The bench said, “The Plaintiff being the absolute owner of the trademark “Indian Express” along with goodwill and reputation that the mark has generated since 1932 is entitled to restrain the Defendant from the use of ‘New Indian Express’ outside of the permitted territories, to promote its sponsored events. Such use is beyond the permissive user granted by the Plaintiff, contrary to the consent decree between the parties and amounts to infringement and passing off of the Plaintiff’s registered trademark.”

Justice Chagla said the defendant has “no proprietary rights in the use of “New Indian Express – Madurai”/“New Indian Express” and any use by it beyond the express terms of the MoS and Supplemental MoS is in violation of Consent Decree and actionable”.

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