Delhi High Court Orders Permanent Injunction Against Use Of ‘Miss India’ Mark by Planet Media Group In Case Filed By Times Group
The Delhi High Court has restrained the use of “Miss India” by Planet Media Group in relation to the beauty pageants organized and promoted by it under the mark “MISS INDIA WORLD” and “TAJ MISS INDIA/MISS INDIA TAJ”.
The bench of Justice Sanjeev Narula remarked that Planet Media had been dishonestly using “MISS INDIA”- the registered mark of Bennett, Coleman and Company, in the title of the beauty pageants organized by the former, including on its websites and social media accounts
The court said that the same was done with the sole intent of misrepresenting an association with Bennett Coleman Or the Times Group and to dupe the innocent members of the public and the prospective participants of the beauty pageants which have been organized by the Times Group since 1964. The bench remarked that the mala fide intention of Planet Media to ride upon the goodwill and reputation of Bennett Coleman, was proved.
In the suit filed by it seeking permanent injunction against the use of its brand/trade mark “MISS INDIA”, the Times Group contended that it had conceived the annual beauty pageant in India under the mark “MISS INDIA” in 1964. It submitted that it holds the exclusive franchisee to nominate contestants to compete in international pageants such as Miss Universe, Miss Earth, Miss International, etc. It further submitted that it operates the website www.missindia.in, which redirects its users to an online portal where updates are posted pertaining to the MISS INDIA beauty pageant and other international beauty pageants.