HC restrains newspaper from using Goenka’s name

Indian Express Group filed infringement suit

November 21, 2019 10:06 am | Updated 10:06 am IST - Mumbai

In an interim order, the Bombay High Court on Wednesday restrained publisher Prashant Goenka from using the name and image of Indian Express Group founder Ramnath Goenka in his newspaper Sajaga Samachar Parivartan Ka .

Justice S.C. Gupte also directed the defendants to not use Ramnath Goenka’s name and image on their websites and social media platforms until further orders. The court was hearing an infringement suit filed by the Indian Express Group. It said Mr. Goenka was claiming to be Ramnath Goenka’s grandson and passing off his newspaper as part of the Indian Express Group.

The group sought an order from the court restraining Mr. Goenka from using the name and image of its founder in his newspaper.

Justice Gupte, after hearing brief arguments from both parties, noted that the plaintiff has prima facie made out a case for interim relief. The court said, “The question before the court is should the defendant be allowed to trade with the name and image of Ramnath Goenka in view of the newspaper and to collect funds and other concerns. Prima facie it seems the answer is negative. The plaintiff has made a case for ad-interim injunction in suit for perpetual injunction.”

The court directed the defendants to file affidavits responding to the suit and posted the matter for final hearing after six weeks.

Indian Express counsel Dinyar Madon argued that Mr. Goenka was seeking to ride on the goodwill of the Indian Express Group.

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