Madras High Court Temporarily Restrains CADD Centre Software Systems From Using 'CADD Centre' Name and Logo

The Madras High Court has granted an interim injunction restraining CADD Centre Software Systems Private Limited from using the trademark/logo "CADD CENTRE" and the word "CADD Centre".

The court held that the use of the same name by businesses engaged in software-related activities would create confusion in the minds of the public.

Justice K Kumaresh Babu passed the order on June 1 while considering applications moved by CADD Centre Training Services Private Limited. The company has been carrying on business under the registered trademark "CADD Centre" since 1989.

Explaining the basis for granting interim relief, the Court observed:

“Considering the fact that the applicant being in a business imparting education in software systems and the first respondent being a supplier of software systems under the same name would definitely create a confusion in the mind of the public by carrying on the business in the very same name, this Court grants an order of interim injunction as prayed for.”

CADD Centre Training Services sought orders restraining CADD Centre Software Systems Private Limited and its directors from using the trademark/logo "CADD CENTRE", the word "CADD Centre", or any deceptively similar mark. It also sought to restrain the use of the name and logo across digital platforms, documents, communications and business operations.

Counsel appearing for CADD Centre Software Systems informed the Court that the company had stopped using the disputed trademark. The respondent also urged that any restriction could be confined to the logo. It contended that the use of the name should not be prohibited.

The respondent further argued that its business was different from that of CADD Centre Training Services. According to the submission, it supplied software systems and did not provide instruction in software-related subjects.

The Court observed that CADD Centre Training Services and CADD Centre Software Systems were both engaged in the business of software engineering.

It held that one business imparting education in software systems and another supplying software systems under the same name "would definitely create a confusion in the mind of the public."

On that basis, the court granted the interim injunction sought by CADD Centre Training Services.

The matter has been directed to be listed on June 22.