Advance Magazine Publishers, Inc. and Anr. v. M/s. Just Lifestyle Pvt. Ltd.
2016 SCC Online Bom 8417
Coram: Hon’ble Justice S.C. Gupte.
Forum: Hon’ble High Court of Bombay
Case No.: Notice of Motion (L) No. 2125 of 2015 in Suit No. 32 of 2016
Date of Decision: September 19, 2016.

Facts:

  • The Advance Magazine Publishers (Plaintiffs), who were the proprietors of the "VOGUE" trademark for fashion magazines since 1892 and in India since 1976, alleged infringement by the Defendant's use of "JUST IN VOGUE" for retail services, underlining their established use and registration of the trademark in relevant classes.
  • The Just Lifestyle Pvt. Ltd. (Defendant), who was utilizing "JUST IN VOGUE" for retail and sales, was accused of infringing and passing off, leveraging the plaintiffs' trademark reputation, particularly given the merchandise's alignment with fashion goods.
  • The case was filed for trademark infringement and passing off, seeking a temporary injunction to restrain the Defendant from using the word 'VOGUE' as part of their trade mark "JUST IN VOGUE" or any other deceptively similar mark or trade name in relation to its goods and services.

Main issue:

Whether there was deceptive similarity between the competing trade marks "just in vogue" and "vogue"?