The Delhi High Court restrained the coaching institute FIIT JEE from using the registered trademark BRAHMOS for the educational services rendered by them.
Trademark BRAHMOS is registered in the name of a company held by Defence Research and Development Organization (DRDO) under the Ministry of Defence (MOD). FIIT JEE advertised a course using the word BRAHMOS designed for Indian students to get admission in colleges in the United States of America.
Concluding that the trademark BRAHMOS is a well-known trademark, the Court said that “The argument of the defendants is also totally frivolous when it is argued that the defendants are not using the mark BRAHMOS as a trademark and it is being used by the defendants to indicate a connection in the course of trade with the defendants. In case the advertisements of the defendants appearing in the newspapers are seen, it appears that the mark BRAHMOS has been used prominently despite of the fact that FIIT JEE is an umbrella mark of the defendants. There is no valid justification given by the defendants before this Court how this trademark BRAHMOS is hit upon the defendants except false and frivolous submissions are made by the defendants. It is adopted and used by the defendants deliberately in order to take the advantage of the mark BRAHMOS of the plaintiff.”