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2012 Supreme(Del) 275

KAILASH GAMBHIR
RAM KRISHAN AND SONS CHARITABLE TRUST – Appellant
Versus
GROUPNET EDUCATION & WELFARE SOCIETY – Respondent


Advocates Appeared:
Mr.Navin Chawla, Ms.Shikha Sachdev and Mr.Bharat Arora, Advs.

Judgment

KAILASH GAMBHIR, J.

1. The instant suit has been filed by the plaintiff for permanent injunction, restraining infringement of registered trademark, passing off, unfair competition, damages and rendition of accounts.

2. The brief facts of the case are that the plaintiff is a duly registered trust engaged in the field of providing educational services and is running various institutes in the field of Management Studies, Pharmacy and Engineering Studies, etc under a coined trade name “Institute for Integrated Learning in cs(os) 1893/2011 Page 1 of 6 Management” i.e “IILM” as a prefix to all the institutes managed by the plaintiff. It is also the case of the plaintiff that alongwith the trademark IILM, the plaintiff also coined the house device and the rising sun logo , along with the shield logo which is used by it as a logo to distinguish its educational institutes from those of third parties.

3. The plaintiff is running a number of educational institutes as detailed in para 3 of the plaint. As per the plaintiff, the trademark IILM is not a dictionary word and is inherently distinctive and qualifies to be a well known trademark under section 2(g) of the of the Trade Marks Ac








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