Appeal granted in ‘Goenka’ trademark case

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An interesting issue arose before Delhi High Court in Goenka Institute of Education & Research (GIER) v Anjani Kumar Goenka & Anr (AKG) – the use of the expression “Goenka” as a trademark or trade name. In the judgment under challenge, AKG claimed exclusive ownership over the word Goenka, whether used alone or with other words or initials, as its trademark or trade name with respect to its educational institutions.

Since 1994 AKG has operated GD Goenka Public School, the word Goenka being a prominent and distinctive part of the institution’s name. Further, in 2003 AKG claimed ownership of the word Goenka by registering it in different classes under the Trademark Act, 1999. AKG also claimed to be a prior user of the trademark from 2000 by virtue of operating Goenka Public School in Rajasthan.

A single judge on 24 February restrained GIER from using the names “Goenka Public School” and “Goenka College of Pharmacy” for its institutions, and ordered that GIER discontinue the use of those names within four months. The order was challenged by GIER.

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The update of court judgments is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in, lbhasin@vsnl.com or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.

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