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JYOTI SINGH
Triumphant Institute of Management Education Pvt. Ltd. – Appellant
Versus
Times Coaching Centre – Respondent
Headnote: Read headnote
JUDGMENT
Jyoti Singh, J.
I.A. 1607/2021(under Order 39 Rules 1 and 2 CPC, by Plaintiff) and 7291/2021 (under Order 39 Rule 4 CPC, by Defendant)
1. This judgment will dispose of the aforesaid two applications, one preferred on behalf of the Plaintiff, in which an ex-parte ad-interim injunction was granted on 02.02.2021, and the other filed by the Defendant seeking vacation of the said order.
2. Plaintiff has filed this suit seeking permanent injunction restraining the Defendant and all others acting on its behalf from providing any services, advertising and/or promoting and/or using the trademark `TIMES COACHING CENTRE', domain name www.timescoaching.in, mobile application `Times Coaching' and YouTube channels as referred to in the plaint and/or any other trademark/trade name/label/device/domain name deceptively similar to Plaintiff's trademarks `T.I.M.E. - TRIUMPHANT INSTITUTE OF MANAGEMENT EDUCATION' and `T.I.M.E. TUTIONS', including the device marks, as well as `time4e
Trademark infringement under Section 29(2)(b) of the Trade Marks Act was established based on the likelihood of confusion among consumers due to the defendants' use of a mark similar to the plaintiff....
The court found that an ex parte judgment can be granted under Order VIII Rule 10 CPC if the defendant fails to respond, ensuring that the plaintiffs' rights under their registered trademarks are uph....
The principle of prior user of a trademark prevails over subsequent registrations, especially when confusion or association is likely between goods and services of similar trade sectors.
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