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C. HARI SHANKAR
Social Work And Research Centre – Appellant
Versus
Barefoot College International – Respondent
JUDGMENT (Oral)
I.A. 114/2023 (Order XXXIX Rules 1 and 2 of the CPC)
1. The rival trademarks forming subject matter of controversy in the present proceedings are the following:
| Plaintiff's Trademarks | Defendant's Trademarks | |
| BAREFOOT COLLEGE | BAREFOOT COLLEGE INTERNATIONAL [IMG] | [IMG] |
2. The plaintiff and the defendant are engaged in the service industry and are providing community services involving skill development, empowerment of women and the like.
3. The plaintiff is a society rendered under the Societies Registration Act, 1860. It claims to have commenced operations in 1972. In order to substantiate this claim, Mr. Aditya Gupta, learned Counsel for the plaintiff has invited my attention to the following documents:
(i) a news article in the India Today edition dated 1-15 November 1976 which contains, inter alia, reference to a medical program submitted by the plaintiff in 1973,
(ii) the ESCAP Human Resources Development Award for 1995 conferred on the plaintiff by the United Nations Economic and Social Commission for Asia and the Pacific, which refers to the plaintiff as the "BAREFOOT COLLEGE", and contains the following recitals:
"The Social Work and Research Centre, Tilonia, Rajas
The central legal point established in the judgment is the significance of prior use and the principles of honest adoption, delay, and acquiescence in trademark disputes.
Prior usage of a trademark establishes rights that outweigh later registration, particularly in the educational sector to prevent public confusion.
Section 34 of the Trademarks Act does not disentitle the plaintiff to an injunction against the defendant if the user of the infringing mark by the defendant is not prior in point of time both to the....
The court affirmed the registered trademark holder's rights against similar marks and clarified standards for proving prior use and confusion under trademark law.
Court upheld the priority of the Plaintiff's registered trademarks, finding a prima facie case for infringement due to deceptive similarity, justifying an interim injunction against the Defendants.
The judgment establishes the principle that in cases of passing off, the prior use and goodwill of a mark, likelihood of confusion, and damage to goodwill are crucial factors in determining infringem....
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