P.K.BHASIN
Living Media India Ltd. – Appellant
Versus
Alpha Dealcom Pvt. Ltd. – Respondent
P.K. Bhasin, J.
1. The two plaintiff Companies, out of whom plaintiff no.2 Company is the subsidiary and sister concern of plaintiff no.1 Company, have filed this suit against the defendants for infringement of their trade marks and passing off action.
2. The averments made by the plaintiffs in different paragraphs of their plaint and which only are relevant for deciding this application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 and in respect of which only arguments were advanced at the time of hearing of this application are re-produced below:
“3. That the Plaintiffs together with their affiliates are one of the major media corporations in India having enormous commercial presence in both print and electronic media. The Plaintiffs are engaged in diverse business activities ranging from printing and publishing of magazines, journals, periodicals, newspapers to broadcasting of news channels, infotainment programmes, conferences, seminars, music shows, music albums and running an FM radio channel and other related activities……………………………………
7. That Plaintiff No.1 herein is the owner and publisher of the immensely popular weekly news magazine "INDIA TOD
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