Time Incorporated vs Lokesh Srivastava And Anr. on 3 January, 2005
In Time Incorporated Vs. Lokesh Srivastava & Anr., 2005
(30) PTC 3 (Del.) this Court has observed that "time has come when the
Courts dealing in actions for infringement of trademarks, copy rights,
patents etc., should not only grant compensatory damages but also award
punitive damages with a view to discourage and dishearten law breakers
who indulge in violation with impunity out of lust for money, so that they
realise that in case they are caught, they would be liable not only to
reimburse the aggrieved party but would be liable to pay punitive damages
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also, which may spell financial disaster for them." In the said case the court
held that the defendants' magazine which used the Hindi translation of the
word 'Time' with the distinctive red border, was a slavish imitation of the
plaintiff's trademark and held the defendants are liable for infringement.