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ARTICLE · 02 NOVEMBER 2005

TIME Awarded Exemplary Damages In India

The case of Time Incorporated V. Lokesh Srivastava & Anr 2005 (30) PTC 3 (del) is of significance from the perspective of the extent and nature of relief awarded by the Court in infringement proceedings.

IndiaIntellectual Property

The case of Time Incorporated V. Lokesh Srivastava & Anr 2005 (30) PTC 3 (del) is of significance from the perspective of the extent and nature of relief awarded by the Court in infringement proceedings. It facilitates the philosophy of deterring trademark infringements and not just compensating the aggrieved party against the losses suffered.

Facts of the case

Time Incorporated, a registered proprietor of the Trademark "TIME" in about 150 countries, is a subsidiary of Time Warner Incorporation, and publishes internationally renowned magazines like ‘TIME’ and ‘TIME ASIA’, known all over the world for their good reporting and writing. It launched international edition of Time magazine named ‘TIME ASIA’ in the year 1945. Trademark ‘TIME’ is registered in India and the cover design with red border device is protected under the Copyright Laws.

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