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The Delhi High Court recently granted interim relief to Goethe-Institut E.V., a German cultural institute operating in India under the name "Max Mueller Bhavan," in a trademark infringement case against Abhishek Yadav and others. The plaintiff alleged that the defendants were using similar marks, such as "Max Mueller Institute," for offering German language courses, leading to confusion among the public and infringing upon the plaintiff's established rights.

Plaintiff's Operations: Goethe-Institut, established in 1951, has been operating in India since 1957 under the name "Max Mueller Bhavan," with six centers across the country.

The plaintiff filed trademark applications for "Max Mueller" and "Max Mueller Bhavan" in Class 41, which are pending registration.

The defendants registered the domain names www.maxmuellerinstitute.com and www.maxmuellerinstitute.in and offered German language courses under the name "Max Mueller Institute."

The plaintiff issued a cease and desist notice to the defendants in January 2024, which was not complied with, leading to the present suit.

Court's Observations

Prior Use: The court recognized that the plaintiff had been using the "Max Mueller Bhavan" mark since 1957, establishing prior use over the defendants' adoption of similar marks in 2018.

Likelihood of Confusion: The court found that the defendants' use of similar marks for identical services was likely to cause confusion among the public, especially given the plaintiff's longstanding reputation.

Bad Faith: The court observed that the defendants' actions appeared to be in bad faith, aiming to misrepresent an association with the plaintiff and benefit from its goodwill.

Public Interest: Emphasizing the importance of clarity in educational services, the court noted that any confusion could adversely affect students and the public at large.

The Delhi High Court issued an ex-parte ad-interim injunction restraining the defendants from:

Using the marks "Max Mueller," "Max Mueller Institute," or any other deceptively similar marks in any form, including trademarks, trade names, domain names, or otherwise.

Offering educational services or courses under the impugned marks.

Operating websites or online platforms using the infringing marks.

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Prepared by : Drashti S. Varmora (Advocate)