Temporary injunction over use of a common name fails where no distinctiveness, confusion, or appellate error is shown.

Temporary injunction to restrain use of the word "Skyline" in an educational institution's name was declined because the expression was shown to be in widespread use and not distinctive enough to confer exclusive rights. Applying the settled tests of prima facie case, balance of convenience, irreparable injury and equity, the SC found no sufficient showing of deception or confusion to justify restraint. It further reiterated that appellate interference with a discretionary order on temporary injunction is warranted only where the discretion is arbitrary, perverse or contrary to settled principles. The refusal to restrain the respondents was upheld and the modified injunction was set aside.

---

---

Issues: Whether the appellant was entitled to temporary injunction restraining the respondents from using the word "Skyline" as part of the name of their educational institution, and whether the High Court's refusal to grant the restraint called for interference.

Analysis: The court applied the settled principles governing interlocutory injunctions, namely the existence of a prima facie case, balance of convenience, irreparable injury, and equity. It held that the word "Skyline" had been shown to be in widespread use by numerous entities and institutions, and therefore could not be treated as a distinctive expression conferring exclusive rights in favour of the appellant. The court also considered that the respondents had obtained the relevant permissions and had already established and commenced the institution, while the appellant had failed to establish a case of deception or confusion sufficient to justify restraint. The court reiterated that an appellate court should ordinarily not interfere with the exercise of discretion in matters of temporary injunction unless the discretion is shown to be arbitrary, perverse, or contrary to settled principles.

Conclusion: The appellant was not entitled to the injunction, and the refusal to restrain the respondents from using "Skyline" was upheld. The modified injunction granted by the Single Judge was also set aside in entirety.

---