Bennett Coleman’s Trademark Infringement Suit Disposed by Delhi Court – Overview

Recently, Bennett Coleman, the times’ group seeking a permanent injunction for the infringement of their Trademark against some entities. The present issue is related to Bennett Coleman’s Trademark infringement suit same filed by Bennett Coleman, the times’ group, against the entities on the ground of imparting the gifts and accessories on their web portal. They also alleged that defendants used their mastheads. 

Overview 

The same was filed against the 12 entities regarding Bennett Coleman’s Trademark infringement suit, although the settlement was done with eight defendants so far. In the present case, the defendants are- Ferns N petals Pvt Ltd., GA media Pvt. Ltd, Awesome Gifts Pvt Ltd, Gift card commerce Pvt Ltd, Infureka Technologies Pvt. Ltd, Mystical Moments Wedding services Pvt. Ltd, Mohan Impression Pvt.Ltd, Huppme Ecom Network Pvt. Ltd, Rv Media Solutions Pvt. Ltd. Advocate Rahul Malhotra filed the suit mentioned above on behalf of Bennett Coleman, the times’ group. He alleged that Defendants were using Bennett Coleman Company’s trademarks and mastheads on their Customised and personalized gifts, decor, accessories, and e-commerce sites in the petition. Which were identical or similar to cheat the public into believing they were associated with the plaintiff company.

What is an infringement of Trademark?

As discussed above regarding Bennett Coleman’s Trademark infringement suit, we have come to know that Trademark infringement is the sole cause of dispute between Bennett Coleman and the other 12 entities. For that, Bennett Coleman (Plaintiff) requires the permanent injunction against defendants for prohibiting the defendants from producing, selling, offering for sale, promoting, and utilizing, and infringing the trademarks, namely “Times of India” and “Economic Times” belonging to the Bennet Coleman, as well as other deceptively same or similar brands on products and services offered by them to their customers. Trademark infringement is the unauthorized use of the Trademark and service mark concerning branding, marketing, selling, or purchasing of goods and services public at large.

Settlement 

As far as Bennett Coleman’s Trademark infringement suit against the defendants is concerned. The Tis Hazari court disposed of the case by settling the matter with nominal damage of Re.1. The court stated in its order- In the present suit, the settlement between the Plaintiff and defendants no, 1,2,7, and the court welcomes 11 on submitting affidavits with settlement agreements by each defendant. However, the name of defendant no. 10, “Mohan Enterprises Pvt. Ltd.” Deleted by the court from the defendant’s list on the application submitted by Plaintiff’s counsel. The matter is listed for hearing on 18th December 2021. 

Conclusion

We conclude here that, Trademark is an exclusive right and one of the intellectual property rights incorporated under and regulated by the Trademark act, 1999^[1]. Trademark infringement is illegal in India, and all exclusive right over the trademark and service mark lies with the Trademark owner. As discussed above, the detailed analysis of Bennett Coleman’s Trademark infringement suit against the 12 entities on the grounds of infringement of Trademark same settled by the Tis Hazari court, Delhi.

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