HEARST COMMUNICATIONS Vs. DINESH VARYANI

JUDGEMENT

(1.) FACTS hearst Communications Inc.-the plaintiff has filed the present application seeking interim injunction for restraining Mr. Dinesh varyani and Jayant Printery-the defendants from using the mark/word COSMOWOMAN or any other deceptively similar mark. Plaintiff has also prayed for some other interim reliefs.

(2.) THE plaintiff publishes an English magazine COSMOPOLITAN, which it is stated has 57 editions published in 32 languages and is distributed in over hundred countries. It is claimed by the plaintiff that the COSMOPOLITAN magazine was first published in 1902 and included short stories and the like. However, in 1965 cosmopolitan shifted its appeal towards young career women focusing on contemporary male female relationship, fashion, health, beauty etc.

(3.) THE mark/word COSMOPOLITAN was registered in India in favour of the plaintiff on 10th January, 1992 in Class 16 and on 21st march, 1997 in Class 9. Though the plaint and the interim application raise a plea of infringement of the mark/word COSMOPOLITAN by the defendants by using the word/mark COSMOWOMAN for their magazine, the said contention was not urged and argued before me. The word COSMOPOLITAN and COSMOWOMAN are different and there is hardly any likelihood or possibility of deception or confusion. Visually, phonetically or otherwise, the two marks/words cosmopolitan AND COSMOWOMAN are distinct. Case of infringement of the mark/word COSMOPOLITAN was therefore rightly not urged before me and in any case prima facie case for infringement has not been made out.