SHANMUGAVEL Vs. ASSOCIATED PUBLISHERS MADRAS LIMITED

JUDGEMENT

(1.) THIS appeal is by the second defendant in C. S. No. 636 of 1995 on the file of the original side of this Court against the order dated 30-6-1995 made in O. A. No. 509 of 1995 restraining him from infringing in any manner the plaintiff's registered trade mark "the MAIL" by use of the trade mark "trinity Mail" or any trade mark incorporating the word "mail". The parties in this appeal will be referred to by their rank in the suit for the sake of convenience.

(2.) THE plaintiff has averred in the plaint as follows: the plaintiff is the proprietor of the trade marks "the MAIL" and "the WEEKLY MAIL" registered under Nos. 115521 and 115522 respectively dated 27th November, 194 5 in Class 16 in respect of News Papers and printed publications. THE Registration has been duly renewed from time to time and is still valid and subsisting. THE title "the MAIL" has also been registered with THE Registrar of New Papers for India. Declaration has been filed before the Chief Metropolitan Magistrate, Egmore, Madras for publication of the newspaper bearing the title "the MAIL". THE plaintiff was publishing an evening English Daily bearing the said name since the year 1868. THE Sunday Edition of the newspaper was called the WEEKLY MAILY. THE paper had enjoyed extensive reputation all over India and particularly in Southern India. In about the year 1992 the plaintiff resumed the publication of a monthly bearing the title "the MAIL". THE same has been registered with the Registrar of newspapers on 27-7-1992 and a declaration has been given before the Chief Metropolitan Magistrate, Egmore, Madras on 30-7-1992. THE circulation figures of the monthly "the MAIL" are constant on 3000 for the years 1992- 93, 1993-94 and 1994-95. THE defendants issued a circular dated 21-2-1995 stating that they are publishing shortly an English Daily bearing the title "trinity Mail". THE word Trinity is printed in small insignificant letters whereas the word MAIL is printed in bold capital letters in a prominent manner. THE proposed publication of the said daily is in gross violation of the trade Marks rights vested in the plaintiff and the exclusive monopoly of the plaintiff in the title "the MAIL" which is registered. THE plaintiff issued a notice dated 21-3-1995 through its Attorney to the defendants calling upon them to cease and desist from publication. Though the plaintiff's attorney received acknowledgement cards, the defendants failed to comply with the requests contained in the notice.

(3.) THE learned Judge, after hearing the representation of mr. Jayaraman passed the following order :