No relief for ITM Trust in trademark infringement case

Bombay High court rejected an application for relief in a trademark infringement law suit filed by the educational trust ITM  and its trustees against Educate India Society.

ITM trust, a registered public trust engaged in educational activities has filed for an permanent injunction against Educate India Society for infringement of their trademark " Institute of Technology and Management" and "ITM". 

ITM Trust argues that they were registered with the charity commissioner since October 1993 and have established various educational institutions and offered various courses in the field of technology, management and their institutions were notified as ITM university by the Chattisgargh government and also  recognized by AICTE for several years.

ITM trustees claims that only recently they came to knew about the use of their registered trademark by Educate India Society, that too from a student who was seeking admission with their institute. They claim that since their trademark is registered and is still operative, the court shall grant them an injunction against TM infringement.

The defendants, Educate India society is also operating educational institutions since 1996 in the fields of technology, management and law and also have been notified as private university by the Haryana Government as ITM university in Gurgaon. Their institutions are also recognized by AICTE and UGC. 

Bombay High court Judge ,Justice Bhushan Gavai after considering all the relevant factors have rejected the injunction application stating that it is difficult to believe that students of this era seeking admission for higher education would be confused or deceived by any similarities in trademarks of both the parties.The students seeking admission for higher education are bound to look into all the credentials of the institutes concerned and should apply their mind to find the best institute of the basis of available information.

Find full judgement here