- (1.)The Court : The plaintiff publishes a monthly magazine by the name 'Esquire' and has been doing so since 1933. The magazine is sold internationally. Sales of the magazine are also effected in India. The plaintiff is the registered proprietor of the Trade Mark 'Esquire' in India. Registration of the trade mark was granted in 1942 by the Trade Mark Registry at Calcutta in respect of inter alia magazines and periodicals. The trade mark is still valid. The plaintiff also owns the copy right in the script, get-up and style in which the trade mark 'Esquire' is retailed.
(2.)Since October, 1994 the defendant has been publishing a monthly magazine with the name 'E-square'.
(3.)The plaintiff has filed this suit claiming that the defendant has thereby infringed the plaintiffs trade mark and copy right of the trade mark 'Esquire'. An application for interim relief was filed and an ad-interim order was passed on 10th May, 1995 restraining the defendant from publishing the June issue of 'E-square' until 18.5.95, without the leave of the Court. The May issue was also directed not to be marketed and solid till 18th May, 1995 if it had not already been done. On 18th May, 1995 the interim order was directed to continue as the defendant did not appear. According to the defendant it was not served in time. The defendant preferred an appeal from the ad-interim order. No stay was granted. The defendant has now filed an application for modification and/or modification of the ad interim orders and for stay of the trial of the suit. The defendant has also filed an application for security for costs. This judgement disposes of all these applications.
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