Plaintiff is that it is the owner of wordmark 'upGrad' and variants
thereof (hereinafter "upGrad Marks") of distinctive style and character
last several years. The Petitioner owns several registrations
for the wordmark, various logo marks and device marks of "BLUE
HEAVEN" some of which
application of the
Appellant shows that the Appellant has applied for the wordmark
'HEALTHSKOOL' on 'proposed to be used' basis
trademark in June, 2011. The said mark is also
registered as a wordmark under trade mark number 2276055 in India in
Class-41 since February
Registered 30
2. 3294501 Registered 43
3. THEOS 4061919 Opposed 30
(Wordmark) by
Theobroma
7. On the last date of hearing i.e., 8th July
trademark 'KHADI BY HERITAGE' or any
of the artistic works/wordmarks/logos used by the
Plaintiff.
24. The Defendants are also restrained from
style of the plaintiff and
any other trade name or device or wordmark those are
similar in nature of the tradename of the plaintiff
trademark 'KHADI BY
HERITAGE' or any of the artistic works/wordmarks/logos used by the
Plaintiff.
24. The Defendants are also restrained from