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2016 Supreme(Del) 445

S.RAVINDRA BHAT, DEEPA SHARMA
LIVING MEDIA INDIA LTD. – Appellant
Versus
ALPHA DEALCOM PVT. LTD. – Respondent


Advocate Appeared:
Sh. C.M. Lall with Sh. Sajad Sultan and Ms. Nancy Roy, Advocates.
Ms. Kanika Sinha with Sh. Ankit Bhatnagar, Advocates.

JUDGMENT :

S. RAVINDRA BHAT, J.

1. In this appeal, the dissatisfied appellants (hereafter “plaintiffs”) complain against the denial of temporary injunction in their suit, which claims trademark infringement and passing off, by the respondents (hereafter "defendants") and seek injunctive relief.

2. The plaintiffs in their suit allege that they and their affiliates are major media corporations in India with significant commercial presence in the print and electronic media. They are engaged in varied business activities, such as printing and publishing magazines, journals, periodicals, newspapers, operating news broadcasting channels, infotainment programs, FM radio channels, organizing conferences, seminars, music shows, production of music albums etc. The first plaintiff is owner and publisher of the weekly news magazine "INDIA TODAY" which has a significant holding in its sphere of activity, since 1975. It is published in various regional languages in India while its international editions are published in USA, Canada, UK, Doha etc. The first plaintiff also owns and publishes a business magazine under the trade mark "Business Today", a travel magazine "India Today Travel Plus", an arc






























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