Educare Limited & Anr vs S.K. Sachdev & Anr on 14 November, 2014
77. Mr.Miglani, has strongly urged before this court that mere use of the word
„SHRI RAM‟ by the plaintiff even for the past 25 years is not sufficient to
show reputation. While relying in the case of Bhole Baba (Supra),
Mr.Miglani has contended that even sales worth Rs.300 crores were not
considered sufficient for an action of passing off and in this case the
financial details have not been provided by the plaintiff, nor have been
pleaded, thus the plaintiff cannot gain advantage either of use for the past
25 years, neither they have been able to establish goodwill, nor anything
is on record, to show that the mark has become distinctive to the
plaintiffs‟ school. The submissions of counsel for the defendant, in my
view are without any force.