Fri. Apr 23rd, 2021

Ram Krishan & Sons Charitable … vs Ilm Consulting Pvt Ltd. on 17 May, 2017

2 min read

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

Leave a Reply