Vogue has recently been freed from a permanent injunction restraint

Case: MM Kariappa and Anr v. Advance Magazine Publishers, Inc

The Karnataka High Court recently has recently freed Vogue Fashion Institute, Bengaluru, from a permanent injunction restraint imposed by a lower court.

According to Justice MI Arun, subscribers of the fashion magazine are likely to be aware that the publication doesn't operate a fashion institute, and given their level of caution, students are unlikely to think that the institute is affiliated with the magazine given the level of caution they are likely to exercise.

In addition, the magazine alleged trademark infringement but gave up the claim as both trademarks were registered under different categories.
Having found that there was no infringement of trademark, the only question left for the Court was whether the institute had passed off the word 'Vogue' as their own.

According to the Court, the trial court overlooked the fact that aspiring students or readers of the magazine would not be confused by the Institute's use of the word.

Therefore, it overturned the trial court's order and allowed the institute's appeal. It dismissed the suit by Vogue Magazine.