Source – indianexpress.com <\/p>\n\n\n\n
In an interim order, the Bombay High Court on Wednesday restrained publisher Prashant Goenka and others from using name and image of\u00a0Indian Express\u00a0Group founder Ramnath Goenka in his newspaper \u2018Sajaga Samachar Parivartan Ka\u2019.<\/p>\n\n\n\n
Justice S C Gupte also directed the defendants (Prashant Goenka and others) to not use Ramnath Goenka\u2019s name and image on their websites and social media platforms until further orders.<\/p>\n\n\n\n
The court was hearing an infringement suit filed by the\u00a0The Indian Express\u00a0P Ltd. It said Prashant Goenka was claiming to be late Ramnath Goenka\u2019s grandson and passing off his newspaper as part of the Indian Express Group.<\/p>\n\n\n\n
The group sought an order from the court restraining Prashant Goenka from using name and image of its founder in his Hindi newspaper which is circulated in Bengaluru.<\/p>\n\n\n\n
Justice Gupte, after hearing brief arguments from both parties, noted that the plaintiff (the Indian Express P Ltd ) has prima facie made out a case for interim relief.<\/p>\n\n\n\n
\u201cThe 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,\u201d the court said.<\/p>\n\n\n\n
\u201cPrima facie, at this stage, it seems the answer is negative. The plaintiff has clearly made a case for ad-interim injunction in suit for perpetual injunction,\u201d it said.<\/p>\n\n\n\n
The court directed the defendants to file affidavits responding to the suit and posted the matter for final hearing after four weeks. The Indian Express counsel Dinyar Madon argued that Prashant Goenka was seeking to ride on the reputationof the Express Group and its founder.<\/p>\n\n\n\n
He informed the court that Prashant Goenka had in fact organised an awards ceremony \u2014 Ramnath Goenka Peace Awards and Ramnath Goenka Journalism Awards \u2014 on the same lines as that of the Indian Express Excellence in Journalism Awards.<\/p>\n\n\n\n
Prashant Goenka\u2019s advocates contended that their client had applied for the awards\u2019 title and hence it did not amount to infringement. According to Prashant Goenka\u2019s lawyers, their client is a grandson of Ramnath Goenka\u2019s brother.<\/p>\n\n\n\n
They claimed Prashant Goenka admires Ramnath Goenka, a doyen of Indian journalism, since his childhood and has been working with an intent to maintain his reputation.<\/p>\n\n\n\n
Justice Gupte said it is not just a question of use of name by relatives, but of incorrect use of Ramnath Goenka\u2019s name. According to the plaintiff, Prashant Goenka\u2019s newspaper is not part of the 87-year-old Indian Express Group<\/p>\n