In a sensational addition to the on-going saga, Asians in Media learnt today that Indobrit Magazine and the Editor-in-Chief Farah Damji were ordered last week by a High Court to stop using the term 'Indobrit' and surrender any infringing materials that would violate the use of that trademark.
The case was heard last week on the 15th and 17th at the High Court in Chancery Lane. The claimant, Dr Anjoom Amir Mukadam, had previously registered the word 'Indobrit' which included usage in a print format.
Dr Mukadam won the trademark case against Indobrit Magazine Ltd. and Farah Damji with the result that the latter has been ordered to stop publishing or promoting any magazine which is referenced as 'Indobrit' or anything confusingly similar.
According to the court notice, the publisher Indobrit Magazine Limited and Farah Damji will now have to deliver to the claimant's solicitors anything that still infringes on the trademark including materials, articles etc. by 4pm on 7th April. After that it will no longer be able to use the word 'Indobrit' to signify the magazine.
The solicitors representing Dr Mukadam told Asians in Media that their client didn't wish to make any official statement other than state what was on the court order.
If Indobrit Magazine Limited or Farah Damji disobey the court order then they may be held in Contempt of Court and be liable to imprisonment, a fine or have their assets seized. They also have to pay the claimant the costs, which were put at £28,211.30.
Farah Damji made a statement of 'no comment' to Asians in Media when contacted. Unless she launches an appeal and wins, it would mean the fifth issue of the magazine would have to be re-branded in order to avoid further legal issues.
Solicitors representing Dr Mukadam also confirmed that the court order had been served on other parties they thought might be profiting from the magazine. They declined to clarify who this was. In a section titled 'Parties other than the claimant and defendants', the court order states that it would be a Contempt of Court for any person notified of the order to knowingly assist breaching it.
In other words, the claimant can go after anyone publishing, promoting, writing for, advertising with or contributing to the magazine if it is still breaching the order by the 7th of April.
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