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2016 Supreme(Del) 3761

RAJIV SAHAI ENDLAW
Financial Times Ltd. – Appellant
Versus
Times Publishing House Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. P.S. Raman, Mr. Aparajitha Vishwanath, Mr. Gaurav Mukherjee, Mr. J.V. Abhay, Mr. Raghav Pant, Mr. Avijit Deb, Ms. Ashima Obhan
For the Respondent: Mr. Hemant Singh, Mr. K. Datta, Mr. Shashi P. Ojha, Mr. Rahul Malhotra

JUDGMENT :

1. These four petitions, each under Article 226 of the Constitution of India, impugn the common order (No.91/2012) dated 4th April, 2012 of the Intellectual Property Appellate Board (IPAB) in the five proceedings between the Financial Times Ltd., London (FTL) and Times Publishing House Ltd., New Delhi (TPHL).

2. This judgment is concerned with the challenge made to the part of the said order of IPAB dismissing the application of TPHL for opportunity to cross-examine the deponent of the affidavit by way of evidence filed by FTL.

3. Before dealing with the aforesaid aspect, it is necessary to narrate the events leading to the said challenge.

3.1. On 9th March, 1987, FTL applied for registration of the trademark “Financial Times” in Class 16 of the Fourth Schedule to the Trade Marks Rules, 2002 in its favour.

3.2. On 23rd July, 1990, TPHL obtained a certificate under the Press and Registration of Books (PRB) Act, 1867 for the title “Financial Times” in its favour.

3.3. On 30th August, 1991, FTL obtained registration of trademark “Financial Times” in its favour in Class 9.

3.4. On 1st January, 1993, TPHL applied for registration of “Financial Times” as a trademark in its favour in






















































































































































































































































































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