LAWS(MAD)-1993-4-24

DHINAMALAR Vs. DAILY THANTHI

Decided On April 07, 1993
DHINAMALAR Appellant
V/S
DAILY THANTHI Respondents

JUDGEMENT

(1.) THE applicant in O.A.No.198 of 1993 is the plaintiff in the above suit. THE suit was filed under Secs. 105 and 106 of the Trade and Merchandise Marks Act for the following reliefs:

(2.) THE plaintiffs case in short is as follows: THE plaintiff is engaged in printing and publishing a Tamil Daily called "Dhinamalar", which is the second largest circulated daily of Tamil Nadu as per Audit Bureau Circulation. THE paper was started in 1951.THE average circulation of the daily is 2.2 lakhs. THE paper has established a reputation as a quality paper and a highly respected one. THE plaintiff started a children's magazine in the name of Dhinamalar Siruvar Malar in 1984-85 for the benefit of children and supplied free with the Friday Edition of the paper. This supplement is very popular among the children of all age groups and the plaintiff has received several letters of appreciation for bringing out this supplement in their edition. THE circulation of the newspaper on Friday alone has increased to 2.8 lakhs after this supplement was released, which will give an idea of the quality of the plaintiffs work and its reputation. THE supplement is called 'siruvar Malar" with a Lotus, which is the symbol of the plaintiff's paper, in between the two words "Dina" and "Malar".

(3.) ON 17. 3.1993, this Court granted interim injunction for a period of two weeks. Notice was ordered to the defendant/respondent returnable by two weeks.