VALMIKI J.MEHTA, J.

1. The dispute in this appeal centres around the use of theexpression “Goenka” as a trademark and/or trade name. The

respondents claim exclusive ownership/right to use the word “Goenka”, whether per se or with other words or initials, as their

trademark /trade name with respect to their educational institutions and which is disputed by the appellant. The learned

Single Judge agreed with the respondents/plaintiffs and allowed their injunction application. Hence, this appeal filed by the

defendants/appellant. Reference to trade mark hereinafter, in the facts of the present case, will include reference to trade name

also wherever the circumstances so require.

2. The appellant claims the right to use the word “Goenka” onthe basis of three basic contentions:-

(i) From the year 2000 they have been using “Goenka” for their school “Goenka Public School” and hence are owners being prior

users of the trade mark. In fact the appellant is running since the year 1995 “Mohini Devi Goenka Mahila Mahavidyala” and,

therefore, “Goenka” is very much a prominent part of the name of this Mahavidyala. Though the respondents have registered “Goenka”

as a trade mark in the year 2005 (w.e.f 20

Click Here to Read the rest of this document