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.