Madras High Court Grants ITC Interim Injunction Over Alleged Infringement Of Classmate Trademark
The Madras High Court has granted an interim injunction in favour of ITC Limited. The injunction restrains traders from manufacturing, selling, marketing or otherwise dealing in products bearing the mark "CLASSMAN" or any mark alleged to be identical or deceptively similar to ITC's registered trademark "CLASSMATE", pending disposal of the suit.
Justice N. Senthilkumar passed the order on May 13 in seven applications filed by ITC. The applications sought reliefs relating to trademark infringement, passing off, copyright infringement and trade dress violations.
"Upon considering the facts and circumstances of the case and the submissions made by the learned counsel for the applicant, this Court is satisfied that the applicant has made out a prima facie case, irreparable loss and balance of convenience in its favour and accordingly there shall be an order of interim injunction as prayed for.", it noted.
Appearing for ITC, counsel submitted that the company is the registered proprietor of the word mark "CLASSMATE" in relation to notebooks, pencils, copier paper, scholastic products and various writing instruments.
According to the order, the mark "CLASSMATE" is registered under Trade Mark Registration No.1846290 dated July 31, 2009 in Class 16. The mark has been used since April 1, 2003.
Counsel further submitted that during the financial year 2024-25, ITC had a total income of Rs.77,690.38 crore. The Court also recorded the submission that ITC owns several trademark registrations in relation to products in Class 16 having "CLASSMATE" as their leading and identifying feature.
"The learned counsel for the applicant referred to paragraph 9 of the Plaint, wherein a list of several trade mark registrations belonging to the plaintiff in relation to relevant products in Class 16, having CLASSMATE” as their leading and identifying feature is mentioned. But the respondent with a malafide intention adopted deceptively similar mark “Classman.”, thereby infringing the right of the plaintiff.", the court noted.
After hearing the submissions, the Court held that ITC had made out a prima facie case. It further held that irreparable loss and the balance of convenience were in favour of the company.
Accordingly, the court granted interim injunctions as sought in the applications. The injunctions restrain the respondents from dealing in products bearing the mark "CLASSMAN" or any mark alleged to be identical or deceptively similar to "CLASSMATE", pending disposal of the suit.
The court issued notice to the respondents. The matter will be heard next on June 15, 2026.
For ITC: Advocate Arun C Mohan