Deepa Sharma JUDGMENT
Deepa Sharma, J.
1. The case of the plaintiff is that it is a registered Trust and is engaged in the field of providing educational services and running various Senior Secondary Schools, Management Institutes, Engineering College, Pharmacy College etc. The plaintiff set up a school in the year 1986 and a management institute by the name of "Institute for Integrated Learning in Management" i.e. IILM in the year 1993. That the plaintiff is very well known in the field of education and has a distinctive name and fame in that field. It has a registered trademark "IILM" and 'IILM Foundation' and also logo of IILM Law School. It has been extensively using the said trademark and also advertising under the said logo and trade mark. It is contended that by virtue of extensive sales promotions and activities in respect of its education institutes, "IILM" is synonymous only with the plaintiff. It has also earned good will, reputation and fame.
2. In the year 2013, the plaintiff came to know that the defendant is using trademark ILM which is identical/deceptively similar to that of plaintiffs trademark IILM. The defendant is using the said trademark for consulting services to educational institutions and for promoting professional education and employability skill practices. The defendant is also running the placement and recruitment program and operating a website in the name www.ilmcampus.com which is also identical and deceptively similar to plaintiffs websites, www.iilm.edu, www.iilm.in and www.iilm.ac.in.
3. It is submitted that since the defendant's academy is also engaged in the educational and employment opportunities, the public at large feels that it is the extension of the plaintiffs academy/institution. The notice dated 02.07.2013 was sent to the defendant asking them to desist from using the abbreviation ILM. The notice however was received back as undelivered. It is submitted that the plaintiff is suffering financial loss and also loss in the reputation due to the infringement of their trademark by the defendant. It is further submitted that plaintiff is carrying on business within the jurisdiction of this Court. On these facts, it is prayed that the defendant, it's directors, principles, proprietor, partner, employees, agents, distributors, franchisees representatives and assigns be restrained by way of ad-interim injunction from manufacturing, selling, marketing, advertising or using the trade mark ILM which is similar to the plaintiffs registered trade mark IILM and also the websites www.iilm.edu, www.iilm.in and www.iilm.ac.in
4. The summons were issued to the defendant which were duly served but none on its behalf had attended the Court proceedings and they were proceeded ex-parte vide order of this Court dated 07.05.2014.
5. The plaintiff led ex-parte evidence and examined Mr. Anil Kanodia in order to prove its case. The witness has duly proved on record the Trust deed dated 30.10.1980 as Ex. PW- 1/1 and has also proved the registration certificates of the trademark IILM and its logo vide documents Ex. PW-1/2 to Ex. PW -1/7 and Ex. PW -1/11. The trademark of IILM Foundation is proved as Ex. PW- 1/8 to Ex. PW -1/10. The printout of the plaintiffs websites is proved as Ex. PW -1/31 and that of defendant's website as Ex. PW- 1/48. The defendant's advertisement on social networks is also proved as Ex. PW- 1/49. The witness has also proved on record its brochure and prospectus as Ex. PW -1/32 to Ex. PW- 1/46. He has also proved the approval from AICTE vide documents Ex. PW- 1/13 to Ex. PW -1/22 for establishment of plaintiffs College of Engineering and IILM Academy of Higher Learning at Greater Noida and for an integrated course as Ex. PW -1/23 and for College of Management Studies as Ex. PW 1/25 to PW 1/29.
6. I have heard the arguments and perused the relevant record.
7. The plaintiff has successfully proved that it is a Charitable T........