Lake Mount Educational Society Vs. Global Educational Trust

Lake Mount Educational Society & Anr. vs. Global Educational Trust:Date of Order: 24th June, 2025:Case Number: FAO No. 221 of 2018:Neutral Citation: 2025:KER:45059:Name of Court: High Court of Kerala at Ernakulam:Name of Judge: Hon’ble Mr. Justice M.A. Abdul Hakhim

Brief Facts:The plaintiff, Global Educational Trust, has been operating “Global Public School” since 2006 and holds a registered trademark for the same. In 2018, it discovered that the defendants, operating under the name "Lake Mount Global Public School" since 2010, were using a similar name, allegedly causing confusion among the public and infringing upon its registered trademark.

Nature of Dispute:The plaintiff sought a temporary injunction under the Trade Marks Act, 1999 to restrain the defendants from using the trade name “Global Public School” as part of their institution’s name. The key issue was whether such use constituted trademark infringement and passing off.

Discussion by the Judge:The Court analyzed the legal principles on deceptive similarity, trademark infringement, and passing off. It emphasized that while “Global”, “Public”, and “School” may be generic terms, their combination had acquired distinctiveness and secondary meaning associated with the plaintiff's institution. The Court found that the defendants' use of the name within close geographical proximity was likely to cause confusion. It rejected the defendants' argument that visual differences in the names or delayed legal action by the plaintiff justified dismissal.

Decision:The High Court upheld the trial court’s grant of temporary injunction, restraining the defendants from using “Global Public School” as part of their institution’s name, citing prima facie infringement and likelihood of confusion.