Summary:
This is a commercial suit filed by M/s CMYK Printech Limited (Plaintiff) against M/s BAA Television Network Private Limited (Defendant), concerning trademark infringement, passing off, and related claims involving the "THE PIONEER" newspaper mark. The Plaintiff, engaged in the publishing business with longstanding use and trademark registration of the "THE PIONEER" mark, alleged unauthorized use of the mark by the Defendant after termination of a franchise agreement dated March 27, 2012. The Plaintiff claimed the Defendant continued to publish newspapers under the Pioneer brand unlawfully, failed to pay outstanding dues under the agreement, and was operating a digital newspaper under the "THE PIONEER" name without authorization. The Defendant contested the suit on grounds of territorial jurisdiction, prematurity owing to a six-month notice clause for termination, and argued that "Pioneer" is a generic term widely used by others. The Court found a prima facie case in favor of the Plaintiff and granted an ad-interim injunction restraining the Defendant from using the "THE PIONEER" mark on newspapers, digital media, and related services, subject to a deposit by the Plaintiff of six months' content charges. The Court also directed mediation to resolve the dispute and set a deadline for further proceedings.
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Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi
