The plaintiff possesses exclusive rights to the title 'Indian Express', and any use of 'New Indian Express' by the defendant beyond specified territories constitutes trademark infringement.

ORDER :

R.I. Chagla J.

1. By this Interim Application, the Applicant / Plaintiff has sought an Order of injunction restraining the Defendant from breaching, violating or acting contrary to the terms and conditions of the Memorandum of Settlement dated 5th February, 1995 recorded as a decree on 16th April, 1997 in C.S. Nos.1246 and 1247 of 1992 by the Madras High Court and the Supplemental Agreement dated 12th August, 2005 executed between the Plaintiff and Defendant. The Applicant has also sought an injunction restraining the Defendant from infringing and / or passing off or misrepresenting the Plaintiff’s registered trademarks, by using the Plaintiff’s trademarks or the title “The New Indian Express” for any purpose or event or program or business outside the specified states of Karnataka, Kerala, Tamil Nadu, Andhra Pradesh and Orissa and the Union Territories (UTs) of Pondicherry, Enam, Andaman Nicobar Islands and Lakshadweep islands as specified under the Memorandum of Settlement dated 5th February, 1995 recorded as a decree on 16th April, 1997 in C.S. Nos.1246 and 1247 of 1992 by the Madras High Court and the Supplemental Agreement dated 12th August, 2005 executed between the Plaintiff and Defendant or in any other manner likely to cause confusion, deception or mistake among the public.

2. The brief background of facts is as under:-

(i) Shri Ramnath Goenka was the founder of the Indian Express Group. All the newspapers were held by a holding company called Nariman Point Building Services & Trading Pvt. Ltd. (“NPBS”). Ramnath Goenka divided NPBS shareholding between his two grand sons Vivek Goenka, son of Krishna Khaitan, and Manoj Kumar Sonthalia, son of Radhadevi Sonthalia. NPBS shareholding comprised of 25,000 equity shares of which Vivek Goenka was given 15,680 shares (62.72%) and Manoj Kumar Sonthalia was given 9280 shares (37.12%). Additionally, Manoj Kumar Sonthalia’s mother Radhadevi Sonthalia held 40 shares (0.16%).

(ii) In 1990, Ramnath Goenka adopted Vivek Goenka as his son. The adoption deed was registered and eminent personalities were witnesses.

(iii) Sometime in 1990, Manoj Kumar Sonthalia had a disagreement with Ramnath Goenka over the NPBS shares given to him. Ramnath Goenka demanded that the shares