BRAHMOS AEROSPACE PVT. LTD. Vs. FIIT JEE LIMITED

JUDGEMENT

(1.) By this order, I propose to decide the pending application being I.A. No.21136/2013 (under Order XXXIX Rules 1 & 2 CPC) filed by the plaintiff seeking interim injunction.

(2.) The plaintiff, Brahmos Aerospace Pvt. Ltd. has filed the suit for permanent injunction restraining infringement of the trademark, passing off, unfair competition, rendition of accounts, damages, etc. against the two defendants, namely, FIIT JEE Limited, New Delhi and USA Univ. Quest, New Delhi. It is alleged in the plaint that the Government of India is the majority shareholder (50.5%) in the plaintiff-Company held by the Defence Research and Development Organization (DRDO) under the Ministry of Defence (MOD). Dr.APJ Abdul Kalam was one of the first subscribers to the Memorandum of Association in the plaintiff-Company. It is claimed that the trademark "BRAHMOS" is a prestigious well-known and reputed trademark of the plaintiff-Company which is used by the defendants for identical services being educational services by conducting an online aptitude test. It is also alleged that the plaintiff conducts various educational programmes pertaining to the aerospace industry, including training of its employees and engineers. The defendants herein have dishonestly adopted the identical trademark in respect of the same services in order to give an impression to students that their online test is affiliated to the plaintiff. Some of the students belonging to Delhi had ranged up to the plaintiff's office several times and have also sent e-mails to inquire whether taking the BRAHMOS aptitude test of the defendants entitles them for job(s)/internships in the plaintiff-Company.

(3.) It is further stated in the plaint that the plaintiff-Company was incorporated on 5th December, 1995 as BRAHMOS Private Limited and thereafter, its name was changed to BRAHMOS Aerospace Private Limited in 2003 and a fresh certificate in this regard was also issued by the Registrar of Companies. The name BRAHMOS is a unique and coined name of the plaintiff-Company formed with the conjugation of parts of names of two great rivers of India and Russia, i.e. "Brahmputra" and "Moskva". The said trademark BRAHMOS being a coined word, first time was adopted by the plaintiff having no dictionary meaning, thus, by virtue of long user since 1995, it acquires distinctiveness. The said trademark BRAHMOS is also being used in several missiles including a supersonic cruise missile which the world's fastest cruise missile in operation which travels at a speed of Mach 2.8 to 3.0. There are many other activities bearing the name BRAHMOS, the details of which are given in paras 8 to 17 of the plaint which are relied upon by the learned counsel for the plaintiff during the course of the arguments.