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C. HARI SHANKAR
Institut Europeen D Administration Des Affaires, Insead, Association – Appellant
Versus
Fullstack Education Private Limited – Respondent
JUDGMENT (Oral)
1. The petitioner runs a business school under the name Institut Europeen D Administration Des Affaires Association, which abbreviates to INSEAD. The respondent also runs a business school, under the name International School of AI and Data Science, which abbreviates to INSAID. The logos of the petitioner and the respondent are admittedly different, the petitioner's logo being [IMG] and the respondent's logo being [IMG].
2. Both the marks stand registered, in favour of the respective parties. The petitioner possesses a registration for the word mark INSEAD, in the following Classes:
(i) In Class 16 for Paper; Cardboard; Posters; Notebooks; Calendars; Printed Matter; Newspapers; Books; Periodicals; Albums; Prospectuses; Publications; Journals; Magazines; Catalogues, Manuals (Handbooks), Pamphlets, Guides, Booklets, Tests, Photographs; Paper Or Cardboard Media For Photographs; Stationery; Instructional And Teaching Material (Except Apparatus), Namely: Teaching Documents Such As Lecture Notes, Case Studies, Course Syllabuses, Files, Brochures
(ii) In Class 35 for Business Consultancy Or Information. Business Management And Organisation Consultancy, Efficiency Experts,
The court established that the rights of the prior user of a trademark are superior to those of a subsequent user, emphasizing the elements of goodwill, misrepresentation, and damage in passing off c....
The use of a mark that is phonetically similar and conveys the same idea as a registered trademark constitutes infringement, irrespective of packaging dissimilarity, as it likely confuses consumers o....
The court upheld the Registrar's decision, affirming that the defendant's mark is not confusingly similar to the plaintiff's mark based on established tests for likelihood of confusion.
The court emphasized likelihood of consumer confusion in trademark law, holding that similar marks can infringe established trademarks regardless of differences in service or field, thus supporting t....
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