- Date of judgment
- Judge
- Sanjay Dhar
- Outcome
- Dismissed
Headnote
Appeal dismissed and the injunction restraining the appellant coaching institute upheld. The competing logos both used the infinity symbol with the word EMERGE and the words INFINITY AND BEYOND, and the appellant had additionally taken the plaintiff's registered brand KIE into its own logo, which was likely to leave the student community believing that both centres were run by KIE. On prior user, the plaintiffs had amalgamated three institutes and assigned their separate brands to the new entity, and the Court held, following Dhariwal Industries and section 39, that the new entity could claim both prior user and the transferred goodwill of its predecessors. Appellate interference with a discretionary injunction is confined to cases where the trial court acted arbitrarily, contrary to law or perversely.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.