Madras HC dismisses Petition challenging Use of Acronym ‘ ICAI ’ by Institute of Cost Accountants of India [Read Judgment]

The Madras High Court recently dismissed a petition seeking to forbear the Institute of Cost Accountants of India from using the acronym, ICAI for professional opportunities earmarked for them. Currently, the Institute of Chartered Accountants of India is using the acronym.

Justice Ravichandrabaabu dismissed a petition filed by a Chartered Accountant wherein it was alleged that Cost Accountants’ Institute is knowingly using the name of ICAI from 2012 in every press meet and other events. He contended that this makes confusion among the students, general public, and the other stakeholders.

The petitioner further alleged that the Institute of Cost Accountants had usurped the goodwill of the Institute of Chartered Accountants of India built over 70 years, and without any legal sanction, started representing itself using the acronym ‘ICAI’.

During the course of hearing, the Institute of Cost Accountants of India submitted that it is entitled to use the very same acronym “ICAI” till its name is changed as the Institute of Cost and Management of Accountants of India by the Central Government, for which, their proposal sent already is pending before the Central Government.

The Court noted the fact that the dispute is only between the first and third respondents in using the acronym ‘ICAI’ and the petitioner is only a member of the Institute of Chartered Accountants of India.

The Court held that If the Institute of Cost Accountants of India continues to use the acronym “ICAI” and if the Institute of Chartered Accountants of India is aggrieved against such usage in view of the registration of such trademark by them, certainly, it is for the third respondent (ICAI) to initiate appropriate legal action before the appropriate forum by filing appropriate application under the Trademarks Act. “Certainly the third respondent’s (ICAI) support to the petitioner in this procedure cannot be equated with such appropriate proceedings under the Trademarks Act. Under such circumstances, certainly, the present writ petition cannot be maintained that too, at the instance of the petitioner, who is only a member of the third respondent more particularly, when the third respondent has not chosen to challenge such alleged infringement before the competent Court of law so far.”

Dismissing the petition, the Court further said that “It is also claimed by both the petitioner and the third respondent that the usage of acronym “ICAI” by the first respondent causes confusion in the minds of the stakeholders as well as the public at large more particularly, the student community. When such being their claim, I wonder what prevents the third respondent from establishing their right in respect of such Trademark “ICAI” before the Court of Law by initiating appropriate proceedings. The fact remains, till this day no such proceedings are said to have been initiated, except the present one, that too, by the petitioner, who is not an aggrieved person.”