TMI Blog2005 (1) TMI 630X X X X Extracts X X X X X X X X Extracts X X X X ..... porting, good writing and authoritative and unbiased analysis of events and issues. The plaintiff Company is the registered proprietor of the trade mark 'TIME' in about 150 countries and its front page design with distinctive red border is recognized all over world. In para 7 of the plaint, details of its annual average paid circulation have been given. To cater to the specific needs and requirements of a world fragmented into continents and regions, the plaintiff has launched various international editions including 'TIME ASIA' which was introduced in July, 1946 for the residents of Asia. The details of the average paid circulation of 'TIME ASIA' have been given in para 14 of the plaint. The details of the registration in India of the trad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w York, USA but the investigations carried out by the plaintiff have revealed that this address is false and has been adopted merely with a view to mislead the consumers in believing that thee defendants have an operative office in New York. The plaintiff has alleged that the defendants fully knowing the plaintiff's right in the trade mark 'TIME' and the world wide goodwill and reputation therein have sought to misappropriate the plaintiff's trade mark by using the words 'TIME ASIA'. In para 25 of the plaint, it is alleged that the confusion created by the defendants was reaffirmed when the plaintiff's office at Hong Kong received by facsimile a bill for advertising in the defendants' Magazie. It shows that the advertisers and clients desir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he plaintiff's registered trade mark No. 100539, 173307 and 407004. An order for delivery up of all goods bearing the impugned mark including letterheads, literature, magazines, negatives, dies, blocks, labels, promotional material, stationery articles or any other infringing material is also prayed. A decree of damages in the sum of Rs. 12.5 lacs on account of actual damages suffered by the plaintiff because of the infringing activities of the defendants including the loss of sales and advertisement revenue or an order of rendition of accounts of the profits illegally earned by the defendants on account of the use of the impugned trade mark, damages in the sum of Rs. 5 lacs on account of damage to the reputation and good will of the plaint ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elongs to the plaintiff. In case it is used on a Magazine, the same may be passed off as the one being printed and published by the plaintiff Company. A comparison of the plaintiff's 'TIME' Mgazine Exhibit P-2 and the defendants' 'TIME ASIA SANSKARAN' Exhibit P-8 clearly shows that the defendants' Magazine is a slavish imitation of the plaintiff's reputed trade mark/trade name as well as cover design which have an enormous goodwill, reputation and recognition in trade as well as general public. The defendants' effort is to make undue enrichment by creating confusion and deception in the trade as well as consumers and attract advertisements for its Magazine and have higher circulation. Thiattempt on the part of the defendants has to be conde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is aimed at compensating him for the loss suffered by him whereas punitive damages are aimed at deterring a wrong doer and the like minded from indulging in such unlawful activities. Whenever an action has criminal propensity also the punitive damages are clearly called for so that the tendency to violate the laws and infringe the rights of others with a view to make money is curbed. The punitive damages are founded on the philosophy of corrective justice ad as such, in appropriate cases these must be awarded to give a signal to the wrong doers that law does not take a breach merely as a matter between rival parties but feels concerned about those also who are not party to the list but suffer on account of the breach. In the case in hand i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e commits torts, then when he is caught he should be punished twice as heavily in order to make up for the times he gets away This Court feels that this approach is necessitated further for the reason that it is very difficult for a plaintiff to give proof of actual damages suffered by him as the defendants who indulge in such activities never maintain proper accounts of their transactions since they know that the same are objectionable and unlawful. In the present case, the claim of punitive damages is of Rs. 5 lacs only which can be safely awarded. Had it been higher even, this court would not have hesitated in awarding the same. This Court is of the view that the punitive damages should be really punitive and not flee bite and quantum th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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