Legal War between Schools over “Brilliant” Trademark

Businesses are hard hit when a rival competitor tarnishes their hard-earned and well-reputed goodwill vested in the renowned trademark. Not only they suffer monetary losses but the same cause dilution of trademarks together with a black spot on the quality of products a brand offers, eventually pushing the customers, both present and potential, in the opposite direction. As can be spotted around, almost every acclaimed trade and its mark is a victim of duplication and imitation. Astonishingly! Even universities, schools and other highly regarded institutions are not immune from this dark and dirty trade practice. Not very long ago, the Chhattisgarh High Court dealt with a suit involving infringement of “Brilliant Public School” trademark.

The plaintiff, Brilliant Public School Society located in the Bilaspur District of Chhattisgarh, Orissa, is engaged in the providing educational services to students. According to the plaintiff, the school owns indisputable goodwill and reputation since the year 2000. Moreover, back in year 2015 the plaintiff acquired trademark rights by duly registering the trademark “Brilliant Public School” in Class 41. On the other hand, the defendant is a public school operating in the Sitamarhi District of Bihar engaged in same services as the plaintiff.

Owing to similarity of trade names, the plaintiff, last year, filed a suit for trademark infringement, trademark dilution and passing off against the defendant before a lower court in Orissa. Additionally, the plaintiff sought an injunction order to restrain the defendants from utilizing the conflicting trademark, in any manner whatsoever. In its defense, the defendant laid emphasis upon the fact that they had been running the school operations since 1995, firstly as a coaching institute and later as a school, both consisting of the term “Brilliant”. The defendant while comparing marks as a whole enlisted certain dissimilarities between the words, logos and shape together with the fact that both the schools are operating in separate states, miles away from each other. The trial court rejected plaintiff’s plea on the ground that “Brilliant” being a generic word is commonly used in educational sphere and hence, the mark has not acquired a distinctiveness per se directing customers towards the plaintiff.

Further, an appeal to the High Court went in favour of the plaintiff as against the trial Court’s ruling. Due to lack of material evidence showing prior usage of mark by the defendant, the High Court on grounds of usage since 2000 granted an order of temporary injunction in favour of appellant-plaintiff, thereby restraining defendants from making further use of trademark till the case gets adjudicated.

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