2. In the year 2013, the plaintiff came to know that the defendant
is using trademark ILM which is identical/deceptively similar to that
of plaintiff‟s trademark IILM. The defendant is using the said
trademark for consulting services to educational institutions and for
promoting professional education and employability skill practices.
The defendant is also running the placement and recruitment program
and operating a website in the name www.ilmcampus.com which is
also identical and deceptively similar to plaintiff‟s websites,
www.iilm.edu, www.iilm.in and www.iilm.ac.in .
3. It is submitted that since the defendant‟s academy is also
engaged in the educational and employment opportunities, the public
at large feels that it is the extension of the plaintiff‟s
CS (COMM) 136/2016 Page 2
academy/institution. The notice dated 02.07.2013 was sent to the
defendant asking them to desist from using the abbreviation ILM.
The notice however was received back as undelivered. It is submitted
that the plaintiff is suffering financial loss and also loss in the
reputation due to the infringement of their trademark by the
defendant. It is further submitted that plaintiff is carrying on business
within the jurisdiction of this Court. On these facts, it is prayed that
the defendant, it‟s directors, principles, proprietor, partner,
employees, agents, distributors, franchisees representatives and
assigns be restrained by way of ad-interim injunction from
manufacturing, selling, marketing, advertising or using the trade mark
ILM which is similar to the plaintiff‟s registered trade mark IILM and
also the websites www.iilm.edu, www.iilm.in and www.iilm.ac.in.
Source: Indian Kanoon