In Fairfest Media Ltd. vs Messe Berlin GmbH, confidential information was misused by Messe Berlin GmbH in organizing ITB India.
By an award dated March 9, 2023, an arbitrator appointed by the Bombay High Court to adjudicate disputes between Fairfest Media Ltd. and Messe Berlin GmbH, inter alia has issued permanent injunctions against Messe Berlin GmbH from using the confidential information shared by Fairfest Media Ltd. with Messe Berlin GmbH.
Messe Berlin GmbH has been prohibited from using the confidential information shared with it by Fairfest Media Ltd., elaborately mentioned in the award. While Messe Berlin GmbH has been allowed to conduct its shows in India, the award mandates that it is permanently restrained from using the confidential information shared with it by Fairfest Media Ltd. for conducting or organizing such competing travel trade fairs.
Fairfest Media Ltd. is bound to enforce the award issued in its favor. It intends to take all necessary steps available under the law to ensure that its confidential information is not misused by Messe Berlin GmbH in organizing ITB India.
Fairfest Media Limited, organizers of one of the leading travel trade shows, OTM Mumbai, had taken Messe Berlin GmbH, a German State owned company to the court for a breach of agreement. The court appointed an arbitrator who had passed an interim injunction order against Messe Berlin GmbH in 2019.
The present award is a permanent injunction against Messe Berlin GmbH prohibiting it from misusing Fairfest’s certain confidential information in the holding of ITB India.
In 2019, an injunction order was passed against Messe Berlin, organizers of ITB Berlin, who recently launched ITB India. Fairfest Media Limited, organizers of the largest travel trade show in India – OTM Mumbai – took Messe Berlin, a German State owned company to court for breach of an NDA (Non-Disclosure Agreement), for a proposed collaboration. The arbitrator also ordered Messe Berlin to pay costs to Fairfest.
Messe Berlin had earlier tried to make a bid to enter Indian markets through a co-branded show called BITB in Delhi in the year 2017, which was later discontinued.
