BLOOMBERG FINANCE LP Vs. PRAFULL SAKLECHA

JUDGEMENT

(1.) The question that arises for consideration in this application under Order XXXIX Rules 1 & 2 of the Code of Civil Procedure, 1908 ('CPC') filed by Bloomberg Finance LP, the Plaintiff in CS (OS) No. 2963 of 2012, is whether the Plaintiff has, for the purposes of grant of an interim injunction, been able to make out a prima facie case that the adoption of 'BLOOMBERG' as the prominent part of the corporate names of Defendant Nos. 3 to 25, constitutes infringement or passing off of the Plaintiff's registered trade mark 'BLOOMBERG'. The averments in the plaint

(2.) The Plaintiff, Bloomberg Finance LP, is stated to be a multinational financial news corporation founded in 1982 by Mr. Michael R. Bloomberg, the 108th Mayor of New York City, USA. The Plaintiff states that it operates in India through its subsidiary/associate company, Bloomberg Data Services (India) Private Limited having its office in New Delhi. The Plaintiff states that it constitutes one-third of the 16 billion dollar global financial data market. The Plaintiff further states that it provides influential decision makers worldwide with data, analytics, news and insight to give them a critical edge. It has over 15,000 employees in 192 locations including 2,300 reporters in 140 news bureaus worldwide. The Plaintiff's BLOOMBERG trademark is stated to be used in over 100 countries. It is stated that in India, the Plaintiff has been using BLOOMBERG trade mark since 1996. The Indian counterparts, i.e., Bloomberg Data Services (India) Private Limited (formed on 10th October 1996) and Bloomberg Television Production Services (India) Private Limited (formed on 15th September 2005) have their offices in Mumbai, Bangalore and New Delhi.

(3.) It is stated that the Plaintiff reaches millions of people worldwide through a variety of international, multilingual media outlets, including BLOOMBERG TELEVISION and BLOOMBERG RADIO programming BLOOMBERG NEWS and the website. It is stated that in India, 'Bloomberg UTV' was launched in 2008 as a 24-hour English language business and financial broadcast news outlet by UTV Software Communications in strategic partnership with Bloomberg Television. It is stated that the mark 'BLOOMBERG' is globally recognized and it is exclusively associated and identified with the Plaintiff and its products and services. The Trademark World Magazine of April 2004 identifies the trademark 'BLOOMBERG' to be the 19th most well known/famous trade mark in the world.