Ravi Nandan Sahay, J.

1. This appeal arises from the order of the District judge, Patna dated 8.7.1996 whereby learned District Judge granted interim injunction on the prayer of the plaintiff-respondent and restrained the defendant-appellant till disposal of the suit from- printing the magazine vikaspuram Times under this title which it is using at present in which the word vikaspuram is in small letters and Times is in very bold letters and the order further restrained the appellants from using the words Times group of Companies till the disposal of the suit.

2. The suit is under section 105 of the Trade and Merchandise Marks Act, 1958 for permanent injunction restraining infringement of trade mark, passing of rendition of account of profits, delivery up, etc. The plaintiff is incorporated under the Indian Companies act, 1956, and is Indias largest publication house engaged in publication business since 1838 and is also engaged in publishing many Newspapers and magazines and the word Times has been used by the plaintiff exclusively and continuously as the key essential and distinguishing feature of title, trade marks on all its leading newspapers. The appellant (defendant in the suit) is engaged in the business of printing and publishing and has started its publication of one monthly magazine under the title vikaspuram Times in which the prefix vikaspuram is used in small letters in most conspicuous manner and the word Times is magnified and enlarged in bold letters so as to make it appears as if the title of the magazine is times and not vikaspuram Times. The action of the defendant is said to be fraudulent and malicious and the defendant-appellant is representing itself to the members of the public at large as the Times Group of Companies which amounts to passing off the action resulting misappropriation of plaintiffs goodwill and causing confusion and deception in the mind of general public.

3. Pursuant to the show-cause notice, the appellant filed show cause. Main defence of the appellant is that the suit was not maintainable and the company of the appellant, namely, times Economy India Ltd. is a registered company from the Registrar of Companies and the magazine which is being published by the appellant is also registered by the competent authority under the provisions of Press and Books Registration Act, 1867. The appellant was publishing the magazine since 1989. Since 1989 no objection has been raised from any corner. It is further stated in the show cause that the plaintiff besides publishing different newspapers is presently publishing three magazines, namely- Dharmyug (Hindi), femina (English) and Filmfare (English) and in none of these magazines the word Times is there and nowhere the word Times has been used and only the name of the publisher as bennett Coloman and Co. Ltd. has been given and as such the objection of the plaintiff is thoroughly untenable. It is further submitted that there are large number of such newspapers like, Hindustan, Times, Patliputra Times, Rupee times, Money Times, Creative Career times, J. V. G. Times, Kuver Times, New bihar Times, Mithila Times, Rohtas times and Sasaram Times. The plaintiff has not raised any objection against the publication of the said magazines. Charge of confusion of deception has been denied.

4. According to the plaintiff, it has come about to be referred to as the times Group by the media and, therefore, the mark Times has become distinctive of the goods, business and services of the plaintiff and the plaintiff is, therefore, proprietor of the trade mark Times having exclusive right to use it. "vikaspuram Times" is registered under the Press and Registration of books Act, 1867 since 1989 and no such registration has been granted by the registrar of Newspapers under the press and Registration of Books Act in favour of the defendant.

5. Learned District Judge has elaborately dealt with the rival contentions of the parties in paragraphs 6 and 7 of his order.