Judgment date:10.11.2022
Case No. Regular First Appeal No. 106 of 2015
Name of Court: High Court of Karnataka at Bengaluru
Name of Hon'ble Justice: M I Arun, H.J.
Case Title: M M Kariappa Vs Advance Magazine Publishers Inc
Respondent’s Trademark: VOGUE
Respondent’s Product: Magazine Publications
Respondent’s Registration is in class 16.
Respondent’s claimed user: Since 1892
Appellant’s Trademark: VOGUE
Appellant’s Product: Running a training Institute under the name of VOGUE Institute of Fashion Technology.
Appellant is the Defendant and Respondent is the Plaintiff in the subject matter Suit. The Appellant has filed the subject matter Suit against the Appellant seeking the relief of permanent injunction against use of Trademark VOGUE in relation to Fashion Training Institute. This Suit was decreed in favour of the Respondent and against the Appellant. It is against this decree, the subject matter Appeal has been preferred by the Appellant.
The Hon’ble High Court of Karnataka , has allowed the Appeal on the following main grounds:
i. The Appellant admitted that VOGUE is an internationally reputed fashion Magazine. Even trademark VOGUE used by the parties were same. Still relief of Infringement and passing off declined for the reasons mentioned herein below.
ii. The Court further observed that the Respondent does have trademark registration in class 16, which does not cover the services of Appellant. Hence infringement of Trademark can not be granted.
iii. The claim of passing off was also declined and VOGUE magazine is not subscribed by large number of people and that too that limited section of society are generally aware about the fashion.
iv.The class of purchasers who purchases the magazine are well informed about the Respondent and hence there can not be possibility of confusion and deception in the market.
v.The Persons who join the Appellant’s institute are in fact informed persons and it is highly unlikely that they would get confused.
vii. Thus relief of infringement as well as passing off both was denied and resultantly the Appeal was allowed.
Ajay Amitabh Suman, [IP ADJUTOR]
IPR Advocate, Hon'ble High Court of Delhi.
ajayamitabh7@gmail.com, 9990389539
=============
Note: Information is shared in the public interest. It should not be taken as a substitute for legal advice as it may contain errors in perception , and presentation of the case, including clerical errors.
=============
