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2013 Supreme(Del) 1355

S.MURALIDHAR
Bloomberg Finance – Appellant
Versus
Prafull Saklecha – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Mr. Akhil Sibal, Mr. Sushant Singh, Mr. Nikhil Chawla, Ms. Geetika Kapur and Mr. Akal, Advocates
For Respondents/Defendant:Mr. Sudhir Chandra Agarwal and Mr. Kirti Uppal, Senior Advocates, Mr. Sanjeev Nasir and Mr. N.K. Kantawala, Advocates

JUDGMENT

S. Muralidhar, J.

1. The question that arises for consideration in this application under Order XXXIX Rules 1 & 2 of the Code of Civil Procedure, 1908 ('CPC') filed by Bloomberg Finance LP, the Plaintiff in CS (OS) No. 2963 of 2012, is whether the Plaintiff has, for the purposes of grant of an interim injunction, been able to make out a prima facie case that the adoption of 'BLOOMBERG' as the prominent part of the corporate names of Defendant Nos. 3 to 25, constitutes infringement or passing off of the Plaintiffs registered trade mark 'BLOOMBERG'.

The averments in the plaint

The Plaintiff, Bloomberg Finance LP, is stated to be a multinational financial news corporation founded in 1982 by Mr. Michael R. Bloomberg, the 108th Mayor of New York City, USA. The Plaintiff states that it operates in India through its subsidiary/associate company, Bloomberg Data Services (India) Private Limited having its office in New Delhi. The Plaintiff states that it constitutes one-third of the 16 billion dollar global financial data market. The Plaintiff further states that it provides influential decision makers worldwide with data, analytics, news and insight to give them a critical edge. It ha













































































































































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