Jammu & Kashmir and Ladakh High Court Upholds Injunction in "EMERGE" and "EMERGE KIE HOPE Mission Ne" Trademark Dispute
In a recent appellate decision, the Jammu & Kashmir and Ladakh High Court at Srinagar upheld a trial court's order restraining Emerge Classes Private Limited from using the trademarks "EMERGE" and "EMERGE KIE HOPE Mission Ne." The appeal, filed by the appellant/defendant Emerge Classes Private Limited, challenged the initial injunction imposed by the trial court in favor of the respondent/plaintiff, Kashmir Institute of Excellence.
The crux of the dispute involved the use of the trademarks "EMERGE" and "EMERGE KIE HOPE Mission Ne." The trial court's order, which was challenged, had restrained the appellant from using these trademarks on the grounds that the respondent was the prior user. Upholding this order, the appellate court noted the respondent's precedence in the usage of the trademark, thereby affirming the trial court's decision.
This case underscores the importance of prior usage in trademark disputes, emphasizing that courts are inclined to protect the rights of the party who can establish an earlier use of the contested trademark. The decision also highlights the judicial reluctance to interfere with trial court orders unless there is a significant reason to do so, maintaining the integrity and consistency of judicial decisions across different levels of the court system.
Case Title: Emerge Classes Private Limited Vs Kashmir Institute of Excellence and another
Judgment/Order Date: 17.05.2024
Case No. FAO No.18 of 2024
Neutral Citation: N.A.
Name of Court: Jammu & Kahsmir and Ladakh High Court at Srinagar
Name of Hon'ble Judge:Sanjay Dhar, H.J.
Disclaimer:
Ideas, thoughts, views, information, discussions and interpretation expressed herein are being shared in the public Interest. Readers' discretion is advised as these are subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the fact and issue involved herein.
Written By: Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]
United & United
Email: amitabh@unitedandunited.com
Ph No: 9990389539
