WEIDER PUBLICATIONS Vs. PUSHPENDRA SRIVASTAV

JUDGEMENT

(1.) The Plaintiffs being the publisher of the MUSCLE & FITNESS magazine have instituted the present suit against the Defendants engaged in publishing, selling and marketing of MUSCLES & FITNESS magazine seeking permanent injunction restraining the Defendants from printing, publishing, selling or offering for sale, advertising, directly or indirectly dealing in any publication and/or sale of magazines having the get-up, layout, content, printed matter, arrangement of articles/features, photographs and/or drawings identical to or substantially copied from the Plaintiffs' magazine MUSCLE & FITNESS. The Plaintiffs have also sought a permanent injunction against the Defendants on the ground of passing off by the Defendants in respect of the Plaintiffs' magazine MUSCLE & FITNESS. The ancillary reliefs of damages, delivery up etc. have also been claimed.

(2.) The Plaintiff Nos. 1 and 2 are both companies incorporated under the laws of United States of America (USA) and are publishing companies offering celebrity journalism, and health and fitness magazines and publications, including their magazine MUSCLE & FITNESS in the USA and numerous other countries around the world. Plaintiff No. 1 was acquired by Plaintiff No. 2 in 2003, and currently is a wholly owned subsidiary of Plaintiff No. 2.

(3.) The Plaintiffs assert that when in the month of May/June, 2006, the Plaintiffs decided to launch an Indian edition of their magazine MUSCLE & FITNESS wherein the content would be aimed and created entirely for the Indian market. The Plaintiffs approached the Registrar of Newspapers in India (in short "RNI") to initiate registration of their title MUSCLE & FITNESS as required by the Press and Registration of Books Act, 1867 (in short "the PRB Act") for title verification and registration of their publication title MUSCLE & FITNESS, as required by the PRB Act.