Delhi High Court Grants Injunction to Frankfinn Aviation in Trademark Dispute

Court restrains Fly High Institute from using marks similar to Frankfinn's 'FLY HIGH' trademark

In a recent judgment, the Delhi High Court has granted an ex parte ad interim injunction in favor of Frankfinn Aviation Services (Pvt.) Ltd., restraining M/s Fly High Institute and others from using trademarks and identifiers that are deceptively similar to Frankfinn's registered trademark 'FLY HIGH'. The decision was delivered by Justice Manmeet Pritam Singh Arora, who found that the defendants' use of the mark 'FLY HIGH INSTITUTE' was likely to cause confusion among consumers and infringe upon Frankfinn's trademark rights.

Frankfinn, a leader in the aviation training sector, has been using the 'FLY HIGH' trademark since 2004 and holds registration under Class 41, covering educational services. The court noted that the defendants had absorbed Frankfinn's trademark entirely into their own, creating a likelihood of confusion and implying a possible association between the two entities.

The defendants, M/s Fly High Institute, which operates under the leadership of Mr. Kunal N Raut and Ms. Akansha Raut, had previously attempted to register their mark but faced opposition from Frankfinn, leading to an abandonment of their application by the Trademark Registry. Despite this, the defendants continued to use and promote the mark through various channels, including their website and social media platforms, prompting Frankfinn to seek legal recourse.

The court rejected the defendants' argument that 'FLY HIGH' is a generic term within the aviation and training sectors, emphasizing that the mark had acquired distinctiveness and secondary meaning through Frankfinn's extensive use. The court further dismissed the notion that consumers would easily distinguish between the two due to their educational background, highlighting the deceptive similarity of the trademarks.

As a result, the court ordered an immediate injunction preventing the defendants from using the impugned marks in any form, including as domain names or trading styles, pending further proceedings. The decision underscores the importance of trademark protection and the legal recourse available to businesses seeking to safeguard their brand identity.

Bottom Line:

Trademark infringement - Prima facie case for granting an ex parte ad interim injunction against the Defendants for using a mark deceptively similar to the Plaintiff's registered trademark 'FLY HIGH'.

Statutory provision(s): Trademarks Act, 1999 Sections 28, 29; Civil Procedure Code, 1908; Commercial Courts Act, 2015 Section 12A.

Frankfinn Aviation Services (Pvt.) Ltd. v. M/s Fly High Institute, (Delhi) : Law Finder Doc Id # 2822054