The Delhi High Court recently granted an injunction against Rising India Entertainment Production & Ors (“the Defendant”) for use of the words “Miss India” or “Mr. India” with respect to beauty pageants. Bennett, Coleman and Company Limited & Ors. (popularly known as ‘the Times Group’) filed a suit at the Delhi High Court contending that the marks ‘Miss India’ and ‘Mr. India’ were its registered marks in classes 38 and 41.
According to the Times Group, its pageants under the brand names ‘MISS INDIA’ and ‘Mr. INDIA’ attained great reputation and goodwill in India and the world since their adoption in 1964. Various Indian cine-stars and A-list models have been outcomes of this pageant. The winners of this pageant have also represented India in international beauty contests.
On 30th June, 2019, the Times Group came across an advertisement of an event/beauty pageant to be organized under the marks “Mr. & Miss India World” through the Defendant’s online promotional activities. Interestingly, the winner of the Plaintiff’s beauty pageant in 2019, Ms. Suman Rao, was displayed as a judge in the Defendant’s contest. However, upon being contacted by the Plaintiff, Rao refused to be associated with the Defendant at all!
The Court, recognizing the association of the Plaintiff with the marks ‘Miss India’ and ‘Mr. India’ has granted a permanent injunction against the Defendant for use of these marks or other such deceptively similar marks.