MOTORPRESSE INTERNATIONAL Vs. MISTRALE PUBLISHING PVT LTD

JUDGEMENT

(1.) In this petition under Section 9 of the Arbitration & Conciliation Act, 1996, the petitioner prays for an injunction restraining the respondent from using the trademark and logo Auto Motor & Sport or any substantial reproduction/imitation thereof in relation to any product or services so as to constitute infringement of the petitioner's trade mark and logo. The petition also prays for an injunction restraining the respondent from using any material or article of the petitioner made available to the respondent under the Syndication & Licensing Agreement apart from appointment of a Local Commissioner for making an inventory of the products/magazine published by the respondent under the title "Auto Motor & Sport.

(2.) Briefly stated, the petitioner's case is as under:-

(3.) The petitioner is a company established and organised under the laws of Germany. It is engaged in the publication of nearly 100 magazines and journals in nearly 17 countries most of which relate to automobiles. The respondent is also a company but registered under the Indian Companies Act, 1956 with its registered office at New Delhi. The respondent too is engaged in publication of magazines in India.