Trade Marks Act, 1999 – Sections 2(1)(h), 28, 29(2)(c), 29(3) – Infringement of Registered Trade Mark – Temporary Injunction – Prima Facie Case – Secondary Meaning of Generic Words – Passing Off – Likelihood of Confusion – Delay in Filing Suit.
2025 KER 45059 : 2025 (6) KLR 242
High Court of Kerala
Coram: M.A. Abdul Hakhim, J.
FAO No. 221 of 2018; June 24, 2025
The respondent, Global Educational Trust, operating Global Public School since 2006 with a registered trade mark, sought a temporary injunction against the appellants, Lake Mount Educational Society, for using “Lake Mount Global Public School” since 2010. The Trial Court granted the injunction, restraining the appellants from using the trade name “Global Public School.” The appellants challenged the order, arguing that the names were distinct, the words “Global,” “Public,” and “School” were generic, and no confusion arose. The High Court dismissed the appeal, holding that:
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The respondent’s trade mark “Global Public School,” though comprising generic words, acquired a secondary meaning through prior use since 2006, entitling it to protection under the Trade Marks Act, 1999.
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The appellants’ use of “Global Public School” as part of their trade name was likely to cause confusion, given the identical field of activity (education) and proximity (10 km) of the schools in Ernakulam district.
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Under Section 29(3), the court presumes confusion when the defendant’s mark is identical to the plaintiff’s registered trade mark for similar services, as in this case.
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Delay in filing the suit was not a ground to deny injunction, as loss of goodwill and reputation constituted irreparable injury in trade mark infringement cases.
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The respondent established a prima facie case, and the balance of convenience favored granting the injunction to protect the registered trade mark.
Appeal dismissed, confirming the Trial Court’s temporary injunction.
Cases Referred:
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Laxmikant V. Patel v. Chetanbhai Shah, (2002) 3 SCC 65
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Godfrey Philips India Ltd. v. Girnar Food and Beverages, (2004) 5 SCC 257
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Ramdev Food Products Pvt. Ltd. v. Arvindbhai Rambhai Patel, (2006) 8 SCC 726
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Midas Hygiene Industries (P) Ltd. v. Sudhir Bhatia, (2004) 3 SCC 90
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Wockhardt Limited v. Torrent Pharmaceuticals Ltd., (2018) 18 SCC 346
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Renaissance Hotel Holdings Inc. v. B. Vijaya Sai, (2022) 5 SCC 1
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Skyline Education Institute v. S.L. Vaswani, 2010 KHC 4009
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Orange City Mobile Collection v. City Collection, 2017 KHC 3922
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National Garments v. National Apparels, 1989 (1) KLT 855
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Jaleel Associates v. Hotel Sagar, 2005 (1) KLT 757
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Hotel Seagull v. Seagulls Catch Restaurant Pvt. Ltd., 2015 KHC 7059
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Under Armour Inc. v. Anish Agarwal, MANU/DE/3797/2025
Counsel:
For Appellants: Adv. Sri. J. Abhilash
For Respondent: Sr. Adv. Sri. P. Viswanathan, with Advs. Sri. Ajith Viswanathan, Sri. P. Abraham Cherian
K/279/2007 |
K/580/2016 |
K/988/1999 |
K/283/1986 |
