Delhi High Court Grants Ex Parte Injunction Against School Functioning In Muzaffarpur (Bihar) For Violating Trademark Of Jaipuria Group
The Delhi High Court restrained the Defendant and all those acting for or / and on their behalf, from using plaintiffs' trademarks in respect of 'Jaipuria International Schools', 'Seth MR. Jaipuria School', as well as the device mark which is deceptively similar to plaintiffs' marks in respect of school or any other educational services. Single Bench of Justice Anish Dayal observed...
The Delhi High Court restrained the Defendant and all those acting for or / and on their behalf, from using plaintiffs' trademarks in respect of 'Jaipuria International Schools', 'Seth MR. Jaipuria School', as well as the device mark which is deceptively similar to plaintiffs' marks in respect of school or any other educational services.
Single Bench of Justice Anish Dayal observed that “plaintiff has made out a prima facie case for grant of an ex parte ad interim injunction till the next date of hearing. Balance of convenience lies in favour of plaintiff, and plaintiff is likely to suffer irreparable harm in case the injunction, as prayed for, is not granted”. (Para 6)
The brief facts were that the Plaintiffs, a part of the Jaipuria Group inter alia involved in education establishments and running schools, are the exclusive owner and holds the intellectual property rights in the brand name Seth M.R. Jaipuria School as also Jaipuria International Schools. The Plaintiff No.1 had secured registration of wordmark 'Seth M.R Jaipuria School' way back dated Nov 04, 2014 and also secured registration of mark “Jaipuria International Schools” way back dated July 13, 2016. The device mark of “Jaipuria Schools” is also registered on Feb 27, 2013. During the year 2022, a Franchise Agreement was executed with the defendant trust for setting up school at Muzaffarpur, Bihar, as per which, a license was granted to franchisee/ defendant to use the Jaipuria intellectual property for the franchised school. However, since the school building was not set up and there were other material breaches, the Franchise Agreement was terminated. However, despite the same, the defendant trust continued to use the trademark at their school in Muzaffarpur. The Defendant had also not stopped using trademark of Plaintiff even when cease-and-desist notice was sent to them.
To the ultimate surprise, the Plaintiff found that during the year 2024, the school got shifted from its previous location and running under the name of 'Jaipuria International School' from nursery to class VIIl at a new address by using “Seth M.R. Jaipuria” labels at their reception centre. Accordingly, the Plaintiff filed an application under Order XXXIX Rules 1 and 2 of CPC seeking a decree of declaration and permanent injunction, restraining defendant and all those acting for, or on their behalf, from using the plaintiffs' trademarks in respect of Jaipuria International Schools' and 'Seth MR. Jaipuria School', and/or any other marks deceptively similar to the plaintiffs' trademarks.
The counsel for the Jaipuria group contended that the Shyamlal Babu Educational Trust was granted a franchise to use the mark “Seth M.R. Jaipuria School” at a particular location in Muzaffarpur, but the defendant trust had started running a school with the name “Jaipuria International School” at a different location in Muzaffarpur. The counsel further contended that the infringement was continuing despite the termination of the franchise agreement by the Jaipuria group.
It was further contended that the Jaipuria group has painstakingly developed its reputation and goodwill in the field of educational services over the last 80 years, and the actions of the defendants were causing grave prejudice to their standing and goodwill in the market.
Finding that the Plaintiff has made out a prima facie case, the Bench directed the Jaipuria International School, Muzaffarpur, Bihar to remove the “Jaipuria” mark from its name and its school premises, and called for a compliance report in this regard before July 15, 2024.
However, considering that the functioning of the school should not be affected immediately, the Bench clarified that the said injunction will come into operation from July 15, 2024, on or before which defendant shall take steps to erase all references to plaintiffs' marks.
Lastly, the High Court called for effective compliance of its order under Order XXXIX Rule 3, CPC within a week's time, and listed the matter for further hearing on Sep 11, 2024.
Counsel for Plaintiff: Rohit Sharma, Jatin Lalwani & Nikhil Purohit
Counsel for Defendant: None
Case Title: Jaipuria Edutech Foundation vs. Shyamlalbabu Educational Trust
Citation: 2024 LiveLaw (Del) 664
Case Number: CS(Comm) 431/2024