SAKALAIN MEGHJEE Vs. BM HOUSE INDIA LIMITED

JUDGEMENT

(1.) By this order I propose to dispose of both the applications i.e. IA.6940/2001 and IA.7311/ 2001.IA.6940/2001 is filed by the plaintiff for ad-interim injunction whereas IA.7311/2001 is filed by the defendant seeking vacation of injunction order dated 6/8/2001. Both the applications were therefore heard together.

(2.) The suit filed by the plaintiff is for permanent injunction in respect of passing off, infringement of trademark and copyright and for damages and delivery up. Subject matter of the suit are two magazines, one published by the plaintiff and other published by the defendant- both titled "Wedding Affair". The case of the plaintiff is that his magazine is published from London and circulated in most parts of the world including India and that the defendant has started its publication with the same name infringing his trade mark and copyright.

(3.) When the matter came up for preliminary hearing on 3/8/2001, notice in the application was issued for 6/8/2001. Notice was duly served on the defendant. However, the defendant did not appear on 6/8/2001. Having regard to the averments made in the plaint as well as in IA.6940/2001 and in the absence of any opposition, order dated 6/8/2001 was passed restraining the defendant, its dealers, representatives etc. from directly or indirectly using or adopting the name 'Wedding Affair' on any of its publication amounting to passing off of .the publication in the name of the plaintiff. The defendant was also restrained from adopting the artistic work of the plaintiff in any manner that may constitute unfair competition/unfair trade practice and infringement of copyright of the plaintiff.