Vogue v. Vogue: Karnataka High Court renders trial court verdict passe as Fashion Institute gets relief in trademark suit

The Karnataka High Court recently overruled a trial court judgment that permanently restrained Vogue Fashion Institute, Bengaluru from using the mark 'Vogue' in its name. [MM Kariappa and Anr v. Advance Magazine Publishers, Inc].Justice MI Arun observed that subscribers of the fashion magazine are likely to be aware that the publication does not operate a fashion institute, and given the level of caution that the average aspirant student is likely to exercise, it is highly unlikely that they would believe that the institute belonged to the publication."The magazine which is published by the plaintiff is a fashion magazine which is not subscribed or read by large section of the general public. It is used by that limited section of the Society who are generally aware about fashion. The kind of purchasers who subscribe to the magazine of the plaintiff are likely to know that the plaintiff's magazine is involved only in the business of publishing magazines and not running any institute. Similarly, the persons who join the defendants' institute are those who have knowledge about the fashion world and taking into consideration the degree of care that an average student is likely to exercise, it is highly unlikely that they would confuse the institute of the defendants as one belonging to the plaintiff," the Court said..The magazine had also alleged infringement of trademark, but gave up its claim as both the trademarks were registered under different categories.Thus, holding that there was no infringement of trademark, the only question left before the Court was whether the usage of the word 'Vogue' by the institute amounted to passing off."The gist of a passing off action is that a person has no right to pass off his goods or services as goods or services of someone else. It is an action for violation of common law rights and is enforceable in respect of all trademarks registered or unregistered. False and misleading representation resulting into deception or confusion is the key to the answer. The only aspect to be considered is whether the mark is likely to deceive or confuse the public who may buy defendants' goods as if they were the plaintiff's goods," the Court recorded..The Court held that the trial court failed to consider that the usage of the word by the Institute was not likely to cause confusion among aspiring students or readers of the magazine.Thus, it allowed the appeal by the institute and set aside the order of the trial court. It also dismissed the suit by Vogue Magazine..Senior Advocate SS Naganand and Advocates Sumana Naganand and UR Vikram appeared for Vogue Institute, while Senior Advocate Arvind Kamath along with Advocate Venkata Raghavan represented the publishers of Vogue magazine..[Read Judgment]