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JAYANT NATH
Bennett Coleman & Co. Ltd. – Appellant
Versus
Arg Outlier Media Pvt Ltd – Respondent
| Table of Content |
|---|
| 1. trademark infringement and distinctiveness. (Para 1 , 2 , 4 , 5 , 6) |
| 2. allegations of misappropriation of goodwill. (Para 7 , 8 , 11 , 12) |
| 3. breach of contract and confidentiality. (Para 9 , 10) |
| 4. defendants' arguments regarding legal standing. (Para 14 , 15) |
| 5. evaluation of common speech versus trademark rights. (Para 18 , 19 , 60) |
| 6. res sub judice defense and its implications. (Para 22 , 23 , 28) |
| 7. interim injunction on trademark usage. (Para 65 , 66) |
JUDGMENT
Jayant Nath, J. - IA No.7306/2017
1. The aforesaid suit is filed by the plaintiff seeking a decree of permanent injunction in favour of the plaintiff and against the defendants, etc. from using the trade mark/title/tagline NEWSHOUR or any other such mark/title/tagline comprising NEWSHOUR as a part thereof amounting to infringement of the plaintiff''s registered mark. A decree of permanent injunction is also sought to restrain the defendants from adopting or using the trademarks/titles/taglines NATION WANTS TO KNOW or any other trade mark/title/tagline either by itself or comprising NATION WANTS TO KNOW or any derivatives or combinations thereof. Other connected reliefs are also sought.
2. Ia No. 7306/2017 i
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