HACHETTE FILIPACCHI PRESSE Vs. BADGAMIA FILMS PVT LTD

JUDGEMENT

(1.) The appellant claims to be an international publishing house incorporated under the law of France. The appellant is aggrieved by the refusal of Learned Single Judge to restrain the respondents from publishing and marketing, a film magazine with the name "Premiere". The appellant published several journals covering entertainment, films, fashions, etc. and has annexed brochures showing sales of its journals including a film magazine covering international cinema, called "Premiere" throughout Europe, Russia, North and South America, the Far East and Singapore. The appellant claims a particular reputation in respect of its film magazine "Premiere".

(2.) The appellant has used the title "Premiere" in its French edition since 1977. The English edition of the magazine "Premiere" was started in the United States of America in 1986. According to the appellant it "acquired instant popularity among the readers in the English speaking world". The English edition was imported in India since 1992 and the French Edition since 1996 through direct subscription as well as through retailers. The appellant has claimed that its film magazine in covering international cinema also contains articles on film events in India. The appellant has also said that the Indian have a keen interest in Western cinema and in international films events. The appellant has said that it has a website in the intermit from where the extract from the appellant's magazine "Premiere" can be downloaded anywhere. The appellant has also claimed that during the Cannes Film Festival in 1998 it had promoted this magazine through souvenirs like T- Shirts.

(3.) The appellants has asserted that for popularising the magazine "Premiere" alone it has spent huge amounts the break up whereof for the years 1993-1998 have been (given in French francs. The appellant has placed its figures of sale of the French Edition of "Premiere" at 22,31,400 copies per month and the English edition at 6,13,000 copies per month. It has claimed that the title "Premiere" was therefore distinctive of the appellant. The appellant has obtained or applied for registration of the name "Premiere" in the United State of America, France, Germany, Great Britain, Sweden, Saudi Arabia, Taiwan and Canada. In 1995 it applied for registration of the name at the Calcutta office of the Trade Mark Registry in which it has claimed user of the mark "Premiere" since 1992.