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The plaintiff, who is stated to have been using the mark 'CNN' as a trade mark in relation to its goods and services and is also stated to be the registered proprietor thereof, is aggrieved by the use of the said mark on the cover of the defendant's magazine 'CAM News Network Today'. Firstly, the plaintiff, being the registered proprietor of its trade mark 'CNN', enjoys the exclusive right to use the said trade mark in relation to its goods and services. Secondly, the plaintiff, and not the defendant, is the prior user of the mark 'CNN' with respect to its goods and services, both in the Indian as well as international market. Thirdly, the mark 'CNN', owing to its long, extensive and exclusive use as well as its rigorous marketing and promotion by the plaintiff, both in India and abroad, has come to be distinctively associated with the latter's goods and services. Fourthly, the defendant, by predominantly displaying the mark 'CNN' on the cover of its magazine, has dishonestly tried to ride upon the reputation and goodwill that the plaintiff commands as a leading news group both in the Indian as well as international market. Fifthly, the predominant display of the mark 'CNN' on the cover of the defendant's magazine, besides being prejudicial to the interests of the plaintiff, is deceptive and likely to create confusion amongst traders and the general public who are likely to assume that the defendant's services are sponsored, licensed, authorised by or are in any other manner affiliated with the goods and services of the plaintiff. Lastly, the use of the mark 'CNN' by the defendant, if not stopped, is likely to dilute the distinctiveness which the said mark enjoys in relation to the plaintiff's goods and services and thereby debase and erode the latter's goodwill and reputation in the Indian as well as international market. The present action for infringement of trade mark and passing off, being vitiated by delay and latches, is thus unsustainable. Fifthly, acquiescence is also attributable to the plaintiff who has deliberately and knowingly allowed the defendant to invest time, money and labour in building a sizeable readership base for its magazine. Lastly, the mark 'CNN', when used in conjunction with the name 'CAM News Network Today', has come to be distinctively associated with the defendant's magazine.

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