IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.03.2024 CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE C.S. (COMM. DIV.) No.118 of 2021 Pradesh Bharat Sevak Samaj Rep. by its President Mr.Boopathi Desiappan ... Plaintiff -Vs-

1. Bharat Sevak Samaj – Tambaram, Rep. by its Director, BSS Programme Office, BSS Tower, Bharathi Nagar First Main Road, Tambaram East, Chennai – 600 063.

2. Bharat Sevak Samaj – Kerala Pradesh, Cyber Bhavan, EVRA – 423, Vazhuthacaud, Thiruvananathapuram, Kerala – 695 014. ...Defendants PRAYER : PLAINT FILED UNDER VII RULE 1 & 2 OF CPC READ WITH ORDER IV RULE 1 O.S.RULES & PROVISON 1 TO SECTION 7 OF COMMERCIAL COURTS, COMMERCIAL DIVISION AND COMMERCIAL APPELLATE DIVISION OF HIGH COURS ACT, 2015 to grant a judgment and decree on the following terms :

a) Permanent Injunction restraining the 1^st defendant, their agents and or anyone from in any manner by infringing the registered trade mark logo of plaintiff in the 1st defendant course completion certificate and also remove the same.

b) Permanent Injunction restraining the 1^st defendant, their agents and or anyone from in any manner running and conducting the vocational courses in Tamil Nadu, Andhra Pradesh, Karnataka and Maharashtra c) Permanent Injunction restraining the 1^st defendant, their agents and or anyone from in any manner of misrepresenting in News Magazine, Publication, that the plaintiff course completion certificates are fake and posting the content that plaintiff issuing fake certificate in the 1st defendant website d) To pay the cost of the suit.

For Plaintiff : Mr.J. Umacharan For Defendants : Set exparte

JUDGMENT

The learned counsel for the plaintiff at the outset on instructions would submit that the plaintiff is giving up the 2^nd defendant and that the plaintiff restricts the suit claim only against the 1st defendant. The said statement is recorded and accordingly the suit as against the 2nd defendant is dismissed as not pressed.

2. The suit has been filed for infringement and passing off. The suit has also been filed against the 1^st defendant for a permanent injunction restraining them from misrepresenting to the public that the plaintiff's course completion certificates are fake. The plaintiff is a society registered under the Tamil Nadu Societies Registration Act, 1975. According to the plaintiff, the object of the Society was to establish run, manage and help in establishing and managing educational and professional institutions and to act as an agency to promote higher and technical education and training on the management and capacity building to all organizations and all sections of the society. The plaintiff conducts various vocational certificate courses in Information Technology, Technical Work, Integrated Training Model, Literature, science etc., apart from doing charity, social reforms in the society including Arts and Crafts, Cottage Industry, social service, cultural activities etc. for the aspiring students.

3. According to the plaintiff, they are operating and conducting activities in Tamil Nadu, Karnataka, Andhra Pradesh and Maharashtra and conducting certificate courses in those States for the past several years ever since the date of registration of the Society.

4. According to the plaintiff, the 1st defendant is running a similar institute by using the plaintiff's trademark Pradesh Bharat Sevak Samaj without the authority and permission of the plaintiff. The plaintiff has obtained the trademark registration for its trademark Pradesh Bharat Sevak Samaj under Class 41 bearing trademark Registration No.3274550. The logo of the plaintiff has also been registered under the Trademarks Act, 1999. The trademark registration was obtained on 22.03.2017. The plaintiff claims that they were using the trademark even prior to the date of the registration. By its long and continuous usage of the trademark Pradesh Bharat Sevak Samaj, the plaintiff claims that they have a distinctive identity of their own and they have earned a reputation and