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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R.I. CHAGLA
Indian Express (P) Ltd. – Appellant
Versus
Express Publications (Madurai) Pvt. Ltd. – Respondent
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 Pla
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.
The court confirmed that a written agreement prevails over claims of oral licenses in matters of trademark use, reiterating that determinable contracts cannot be enforced for specific performance und....
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