LAWS(MAD)-2015-6-8

VIT UNIVERSITY Vs. BAGARIA EDUCATION TRUST AND ORS.

Decided On June 01, 2015
Vit University Appellant
V/S
Bagaria Education Trust And Ors. Respondents

JUDGEMENT

(1.) ORIGINAL Application No. 640 of 2012 has been filed under Order XIV Rule 8 of Original Side Rules r/w Order XXXIX Rules 1 and 2 of CPC, praying to grant interim injunction restraining the respondents/defendants 1 and 4, by themselves, their trust, associates, sister concerns, or any of them claiming under them, from issuing any advertisements in newspapers, periodicals or any other mode or hosting deceptive websites such as VIT Jaipur, VIT J etc. of the applicant/plaintiff's registered service/trademark 'VIT' by use of the trademark 'VIT university' or by use of any deceptively similar service/trademark or in any other manner whatsoever, pending disposal of the suit.

(2.) ORIGINAL Application No. 576 of 2012 has been filed under Order XIV Rule 8 of Original Side Rules r/w Order XXXIX Rules 1 and 2 of CPC, praying to grant interim injunction restraining the respondents 1 to 4/defendants 1 to 4, by themselves, their trust, associates, sister concerns, or any of them claiming under them, from starting, establishing, assigning, creating, running education institutions, colleges, universities, study centres, training centres, entertainment, websites, sporting and cultural activities or any similar or identical activities, in any manner infringing the applicant/plaintiff's registered service/trademark 'VIT' by use of the trademark 'VIT university' or 'VIT Campus' or 'VIT' or 'VIT EAST' or by hosting deceptively websites such as VIT Jaipur, VIT J etc., or by use of any deceptively similar service/trademark or in any other manner, whatsoever, pending disposal of the suit.

(3.) ORIGINAL Application No. 577 of 2012 has been filed under Order XIV Rule 8 of Original Side Rules r/w Order XXXIX Rules 1 and 2 of CPC, praying to grant interim injunction restraining the respondents 1 to 4/defendants 1 to 4, by themselves, their trust, associates, sister concerns, or any of them, from in any manner passing off or enabling passing off of the name of the respondents 1 to 4 under the Trademark VIT university or VIT Campus or 'VIT' or 'VIT EAST' or by hosting deceptive websites such as VIT Jaipur, VIT J etc., as and for that of the applicant VIT university or by use of any deceptively similar service/trademark for starting, establishing, assigning, creating, running education institutions, colleges, universities, study centres, training centres, entertainment, websites sporting and cultural activities or any similar or identical activities or in any other manner whatsoever, pending disposal of the suit.