AIR 2020 CHHATTISGARH 80 ::AIROnline 2020 Chh 264 ::(2020) 3 Civ LJ 398 ::2020 (4) Cg LJ 202 ::2020 (3) Civil LJ 398

Chhattisgarh High Court

Hon'ble Judge(s): Manindra Mohan Shrivastava, Vimla Singh Kapoor , JJ

Trade Marks Act (47 of 1999) , S.29, S.135— Civil P.C. (5 of 1908) , O.39 R.1, O.39 R.2— Infringement of trade mark - Temporary injunction - On ground of plaintiff being prior user - Both plaintiffs and defendant engaged in educational field, establishing schools, at two different places - Plaintiff's trade mark 'BRILLIANT PUBLIC SCHOOL' registered since year 2000 - Defendant started operating in year 2007, applied for registration of trademark but till date, no registration granted - Defendant unable to establish that though word 'BRILLIANT PUBLIC SCHOOL' is common in both cases, logos used are not identical and give different pictorial impression - Defendant also unable to make out a case of user of 'Brilliant' or 'BRILLIANT PUBLIC SCHOOL' by large number of institutions in India or abroad - Strong prima facie case in favour of plaintiff - Temporary injunction granted. AIR 2010 SC 3221, Distinguished. (Para 14 15 22 23 29 34 37 39) .....