15 days civil imprisonment for using ‘Manipal’ trademark

NT Correspondent

Bengaluru: The High Court of Karnataka has ordered, T Sudhakar Pai, of Manipal International School, Manipal E-commerce Limited, to undergo 15 days of civil imprisonment for disobedience of order of temporary injunction and using the trademark ‘Manipal’.

It reduced the sentence of three months' civil imprisonment imposed by the Commercial Court against him. The HC has also set aside the sentence of three months civil imprisonment against two others; Mohammed Samiulla and Dr Ritu Chauhan, the CEO and the VP under Pai.

“The evidence on record points towards the intention of appellant No.1, who tried to make a mockery of the Court order and intentionally disobeyed the order, hiding behind the veil of the Company. Under the circumstances, this Court is of the view that the violation is brazen, wilful and deliberate which has to be viewed seriously,” the HC said confirming the sentence on Pai.

The original suit was filed by the Manipal Academy of Higher Education (Trust) and the Manipal Academy of Higher Education (Deemed University) before a City Civil Court in Bengaluru, seeking permanent injunction, against Manipal International School, Manipal E-commerce Limited and T. Sudhakar Pai from using the trademark of Manipal.

Later two more respondents; Mohammed Samiulla and Dr Ritu Chauhan were added as respondents. The Commercial Court had issued a temporary injunction against them from using the trademark in an order dated February 21, 2019.

The complainants approached the Court again alleging that the respondents had breached the court injunction and continued to use their trademark. The Commercial Court on September 28, 2022 found them guilty and ordered the three to undergo civil imprisonment for three months.

They were also ordered to pay a compensation of Rs.1 lakh. The three challenged this before the High Court. The bench of Justice Alok Aradhe and Justice Ramanath Hegde gave their judgement on July 17. The accused submitted that they have complied with the injunction. (Commercial Appeal 404/2022)