PLAYBOY ENTERPRISES INC Vs. BHARAT MALIK

JUDGEMENT

(1.) Plaintiff-Playboy Enterprises Inc. is a publisher of widely known magazine PLAYBOY which is pre-eminently sex oriented and male entertainment magazine though it is also interspersed with information on current affairs, issues of international interest, interviews of celebrities, articles on health, games & sports, comedy, cooking recipes etc. The popularity of the magazine is so wide spread that the plaintiff is known mainly through this magazine, though it has vast business empire which has diversified into manufacture, licensing, franchise and sale of a variety of products ranging from cosmetics, toilet preparations, watches, travel and office desk clocks, stationary goods and coordinated desk accessories, candy and confectioneries, costume Jewellery, keyrings, coordinated bath robes and towels, decorative cushions, luggage, small leather goods, shoes, sunglasses and ophthalmic frames, pipes and cigarette lighters, sportswear, beach bags and towels, household linens, kitchen textiles, headwear and coverups, women's underwear and sleepwear,- automotive accessories, seat covers and cushions, air fresheners and aerosol sprays etc. It is the registered proprietor of the mark PLAYBOY in India with several other countries all over the world, namely, Algeria, Argentina, Australia, Austria, Bangladesh, Benelux, Bermuda, Bolivia, Botswana, Brazil, Brunei, Canada, Chile, Columbia, Costa Rica, Cyprus, Czechoslovakia, Denmark, Dominion Republic, Ecuador, Egypt, Eire (Ireland), El Salvador, England, Finland, France,' Germany, Greece, Guatemala, Guyana, Holland, Hongkong, Hungary, Iceland, Indonesia, Iran, Italy, Jamaica, etc.

(2.) The registrations are more than seven years old and are, therefore, conclusively valid under the provisions of Section 32 of the Trade & Merchandise Marks Act, 1958 (hereinafter referred to as- 'TMM Act'), which is as under;

(3.) It is averred that being one of the largest business houses of the world the mark PLAYBOY has become a household name in the relevant circles on account of extensive sales and advertisement in the international media as to its products though initially it was adopted for the entertainment magazines. The first issue of PLAYBOY was introduced in December 1953 in the USA and since then it has attained popularity by leaps and bounds. In other words we may say that it had played with the word 'PLAY' so much that one is bound to entertain confusion with the plaintiff's product the moment any other person to play or exploit the word 'PLAY' for the title of magazine or periodical.