COMPENTITION REVIEW PRIVATE LIMITED Vs. N N OHJA

JUDGEMENT

(1.) The plaintiff has prayed for injunction restraining the defendants from publishing 'Competition (Success) Review' and from adopting the name deceptively similar to the plaintiff. The case of the plaintiff briefly stated as follows:

(2.) The plaintiff Company started its business in the year 1964 in publishing the book Competition Success Review and the words 'success' added in the year 1971. The trade name of the plaintiff Competition Review appears in a special and particular manner in para 4 of the plaint. The Plaintiff has given a description of this book. Para 4 of the plaint is as follows: "That the trade name of the plaintiff "Competition review" appears in a special and particular manner on each of its monthly issue/publication. The word 'Competition' is written in small alphabets with a capital 'C', followed by the word review' below the word Competition which is much smaller in size The word success' is in a rectangular box below the word Competition' and before the word review' on the left side of the cover page The word Competition' stretches across the front page followed by the word Review' below it on the right side of the front page On top of the word Competition' the month of the issue/publication is given with the sale price of the magazine The face of the front page depicts a pictorial representation or a collage of pictures covering more than half of the front page and on the left side of the front cover there are writings about the salient features indicating the contents of the publication"

(3.) The first defendant who is the Editor of M/s Chronicle Publications Pvt Ltd .(defendant No 1) alongwith defendants 2 and 3 in or about September 1995, inter alia, published identical publication appearing the same trade name 'Competition Success Review It is the case of the plaintiff that the publication of the plaintiff has many special features of specific interest to the general public and in particular to the students who wish to appear in the competitive examinations It is the complaint of the plaintiff that the defendants have published the same set of questions in the same format and also copied the questions and answers published by the plaintiff It is also stated that the pattern adopted by the plaintiff is adopted by the defendants It is contended by the plaintiff that the colour scheme of the journal is also adopted by the defendants