BENGALURU: Quashing a city civil court order that restrained city-based Vogue Institute of Fashion Technology from using the trademarked ‘Vogue’ as part of their name and trade style, the Karnataka High Court observed that readers of Vogue will know that the fashion magazine is only involved in the business of publishing and not running the institute.
Justice MI Arun passed the order while allowing the appeal filed by M M Kariappa and Vogue Institute of Management against the order dated September 25, 2014, passed by a city civil court restraining the institute from using the Vogue in its name. The court further said the magazine is published by the plaintiff -- Advance Magazine Publishers Inc, USA -- which is not subscribed to or read by a large section of the public.
Consideration the degree of care that an average student is likely to exercise, it is highly unlikely that they will confuse the institute of the defendants as one belonging to the plaintiff. Further, no evidence is let in by the plaintiff to show otherwise, the court observed. There is no infringement of the trademark, the court added.