City court issues restraining order against the use of Vidyarthi Bhavan trademark

Bengaluru :  A Bengaluru city court has granted a permanent injunction against a Shivamogga restaurant's illegal use of the city's prestigious registered Vidyarthi Bhavan trademark. Additional City Civil and Sessions Judge, Bangalore, Padma Prasad partially upheld the complaint filed by S. Arun Kumar Adiga, a partner of Vidyarthi Bhavan of Basavanagudi .

The defendants have used the name Vidyarthi Bhavan, which is close to the previous name, albeit with minor changes. After a change in character, defendant is running the business under the name of VB Vidhatri Bhavan. The court said in the order that Vidhatri and Vidyatri look similar and there is no difference. The defendants have not produced any documents to prove that the trademark of the plaintiff is different from the name. Thus, the court in its order said that the defendant is permanently restrained from using the plaintiff's registered mark Vidyarthi Bhavan name.

During the hearing, the counsel for the petitioner submitted that since 1956, the plaintiff has been running a vegetarian restaurant by registering the name Vidyarthi Bhavan under Class 42 and 43 of the Trade Marks Act, 1996. Vidyarthi Bhavan has gained a good name and immense amount of prestige. In 2018, Kiran Gowda unofficially called V.B.Vidhatri bhavan It was alleged that they used their registered trademark in the name of Vidyartri Bhavan. The respondents have no authority to use the name VB Vidhatri Bhavan. It was objected that the two organisations were in the same industry and using the same name would create confusion among the people.

Despite filing a complaint at the police station by Adiga , the defendants held a press conference and promoted VB Vidhatri Bhawan with Bengaluru Food Trend in Shiivamogga Punchline. Also, it was argued that hoardings and banners have been erected all over Shivamogga in this regard and propaganda has also been carried out in local newspapers.