In a major judgement relating to intellectual property rights, the Delhi high court has asked an Indian publisher to pay up Rs 16 lakh (Rs 1.6 million) as damages for illegally using the brand name 'Time', which is owned by publisher of widely acclaimed international magazine Time.
In an ex-parte decree, Justice R C Chopra restrained the publisher and printer of Hindi magazine Time Asia Sanskaran from publishing the magazine under the title.
"An ex-parte decree of permanent injunction is passed in favour of the plaintiff (Time Inc) and against the defendants (printer and publisher of the Hindi magazine) and their officers, agents and all others acting through them from printing, publishing, issuing and advertising their magazine under the trade name Time Asia Sanskaran, the order said.
Further, the domestic publisher was restrained from using the component 'Time' in conjunction with any prefix or suffix or from using the trade name 'Time' or 'Time Asia' and also from imitating the red border distinctive design on the magazine published by them.
Time Inc, through Indian solicitor firm Anand and Anand, had filed the lawsuit in 1999 alleging that the Delhi-based publisher misappropriated the words 'Time Asia' despite knowing that the mark 'Time' was a registered trade mark of the American publisher having trans-border reputation and goodwill.
Commenting on the judgement, IPR expert Pravin Anand, who argued in the case for Time Inc claimed "it is for the first time punitive and exemplary damages have been awarded in an IPR case."
While passing the decree of rendition of accounts in favour of Time Inc, the court said: "It has no hesitation in saying that the time has come when the courts during actions for infringement of trade marks copyrights, patents, etc should not only grant compensatory damages but award punitive damages also with a view to discourage and dishearten law breakers who indulge in violation with impunity out of lust for money."
The court observed that this approach was necessitated 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 the same are objectionable and unlawful.
"This court is of the view that the punitive damages should be really punitive and flee bite and quantum thereof should depend upon the flagrancy of infringement," Justice Chopra said awarding the damages with 12 per cent interest per annum from the date of filing the suit.
Decreeing the suit in favour of Time Inc, the court said it has no hesitation in holding that the American publisher has succeeded in establishing on record that the domestic printer and publisher were infringing the trade name and copyrights on cover design of its magazine Time Asia.
© 2025