KESHAV KUMAR AGGARWAL Vs. NIIT LTD

JUDGEMENT

(1.) The present case concerns the plaintiff's Intellectual Property Rights in its trademark/label "TURNING POINT" bearing No. 1324835 in Class 41, registered on 15-11-2005 for providing Educational Services, training, Entertainment, Sporting & Cultural Activities.

(2.) Briefly stating the case of the plaintiff is that the Plaintiff, Shri Keshav Kumar Aggarwal is the sole proprietor of the firm M/s TURNING POINT, situated at B-1/ 30 Malviya Nagar, New Delhi which is engaged in providing Educational Services, Coaching & training for students in various Schools & Colleges, since the year 1998 under the trademark "TURNING POINT", which had been duly registered by the Plaintiff under class 41 on 15.11.2005 and the plaintiff has built up enormous goodwill & reputation in the market over the years. It is the case of the plaintiff that the said registration of the trademark "TURNING POINT" by the Plaintiff is valid and subsisting till the year 2015. It is also the case of the plaintiff that the plaintiff was the first one to have coined a unique & subjective mark with respect to educational services in the year 1998. According to the plaintiff, M/s TURNING POINT has various centres in Delhi, providing coaching and training services to the students in association with the sole proprietorship concern run under the name "PYRAMID CLASSES" by the Plaintiff's wife. It is also the case of the plaintiff that they are primarily engaged in imparting coaching & training to students of class VIII, IX, X, XI & XII in various schools in Delhi, teaching various subjects such as Commerce, Science, Arts etc. In addition to the above services, the plaintiff also provides coaching & training in preparing the students for various competitive entrance exams such as BBA, BBS, LAW, IIT, AIEEE, MEDICAL, CFAS, HM, CPT etc. Thus, in due course of providing educational services of the highest class to the students for the last 14 years, the plaintiff's registered trademark i.e. "TURNING POINT" has become a distinctive and well- known mark under Section 2 (z) (g) of the Trademarks Act, 1999. It is the case of the plaintiff that in the month of June 2012, the plaintiff came to know that the defendant has adopted an identical and deceptively similar mark to that of the plaintiff. According to the plaintiff the defendant is using the impugned mark out of greed with a view to take advantage of the reputation and goodwill of the plaintiff.

(3.) According to the plaintiff, the institution M/s TURNING POINT maintains highest level of quality Education, training &coaching services, teaching about thousands of students, which has enabled the students to excel in their exams. The plaintiff has printed various Brochures highlighting the success of its students, their achievements in the educational field. The plaintiff over the years has built up enormous goodwill, reputation and name in the market among the public for providing quality and effective coaching and training services, to the students helping them to prepare for various entrance exams. It is also the case of the plaintiff that it has been using, advertising, & promoting the said mark continuously and extensively since the year 1998, with respect to the above services making it distinctive and thereby, making it a wellknown mark under Section 2(z) (g) of the Trademarks Act, 1999. It has been contended that the plaintiff has achieved tremendous sales which are reflective of the enormous goodwill and reputation, which the plaintiff has achieved by imparting education & training to the students of various colleges and schools since 1998. The approximate sales figures of the plaintiff since the year 1998- 1999 to 2011-2012 are as follows: <FRM>JUDGEMENT_674_ILRDLH23_2013_1.html</FRM>