The main legal principle established is that the registration under the Trade and Merchandise Marks Act, 1958 merely supplements the registration under the Press and Registration of Books Act, 1867, which alone gives the right to publish a newspaper under a particular title.

( 1 ) THIS appeal is confined to the order on LA. No. I, dated 2-3-1984 passed by the 17th Additional City Civil Judge, bangalore in O. S, No. 7087 of 1983. The learned Civil Judge passed a common order in LA. Nos. I and II. LA. No. I is filed under Order 39, Rules 1 and 2 read with Section 151 of the Code of Civil Procedure. The first respondent prayed for grant of a temporary injunction restraining the appellant and the second respondent from printing, publishing or in any manner using in relation to any newspapers, publications, magazines, periodicals or stationery bearing the impugned trade mark "financial times" or any other deceptively similar trade mark so as to infringe the plaintiffs registered trade mark No. 468937. By LA. No. II the relief claimed was an order of temporary injunction under the same provisions of law to restrain the appellant to pass off or enable others to pass off the first respondent's publication and for the benefit of the first respondent as in some way connected with the said publications pending disposal of the suit. The appellant, however, initially questioned the order on la. No. I which order substantially prevent the appellant from printing and publishing his newspaper "financial Times" and the order passed on LA. No. II is consequential to the order on la. No. I. However, the learned Advocate for the appellant, submitted that due to urgency, the appellant filed the appeal initially against the order on LA. No. I.

( 2 ) THE first respondent-company is the Financial Times Ltd. ,a company in corporated under the Companies Act, 1908 to 1917 having its registered office at Southwark Bridge, London. They are carrying on business, inter alia, as publishers of newspapers, magazines and periodicals. One such newspaper published from the first respondent is under the title "financial Times". The first respondent claimed relief for the infringement of his registered trade mark "financial Times" and acts of passing off committed by the appellant and the second respondent by using the title "financial Times" in respect of their publications.

( 3 ) ACCORDING to the first respondent his newspaper "financial Times" mainly deals with financial affairs. The publication spread over to London, Tokyo, Frankfort, New York and Paris. On account of excellent report, this paper is extensively read throughout the world including India.

( 4 ) THE first respondent obtained registration of the trade mark "financial Times" under No. 468937 in Class 16 in respect of printed matter, newspapers, periodical publications, books, stationery, institutional and teaching materials under the provisions of the Trade and Merchandise Marks Act, 1958 (hereinafter referred to as the 'trim Act' ). This registration is consequent to the application filed on 9-3-1987. He also obtained the registration of this trade mark in Class 9. His further case is that he has also obtained registration of this trade mark "financial Times" in United Kingdom, Hong Kong, China, thailand, Singapore, South Korea and Taiwan. Since this publication "financial Times" has world wide circulation and also it forms a prominent feature of the first respondent's corporate name and also represents the house mark of the first respondent, this right cannot be infringed. It is also exporting "financial Times" to India by appointing two distributors.

( 5 ) THE first respondent further contends that on receipt of three letters from the appellant, as per Document Nos. 12 to 14, he was obliged to make some enquiry and then came to know that the appellant and the first respondent are publishing a newspaper under the title "financial Times". On enquiry, the first respondent further came to know that this newspaper is offered on complementary basis with the Economic Times newspaper with a view to trade upon the first respondent's reputation and goodwill by deliberately adopting this method. The further case is that the appellant adopted an identical style