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    ENLEARN EDUCATION PVT LTD V IMPERIAL HERITAGE SCHOOL

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    ENLEARN EDUCATION PVT LTD V IMPERIAL HERITAGE SCHOOL

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    Mayank Shekhar
    47 views4 pages
    Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum.

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    ENLEARN EDUCATION PVT LTD v IMPERIAL HERITAGE SCHOOL

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    ENLEARN EDUCATION PVT LTD V IMPERIAL HERITAGE SCHOOL

    Uploaded by

    Mayank Shekhar
    Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum.

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    of 4

    $~25

    * IN THE HIGH COURT OF DELHI AT NEW DELHI


    + CS(COMM) 278/2021
    ENLEARN EDUCATION PVT LTD & ANR. ..... Plaintiffs
    Through: Mr. Anirudh Bakhru, Advocate.

    versus

    IMPERIAL HERITAGE SCHOOL & ANR. ..... Defendants


    Through: None.

    CORAM:
    HON'BLE MR. JUSTICE AMIT BANSAL
    ORDER
    % 09.06.2021
    [VIA VIDEO CONFERENCING]
    I.A. No. 7344/2021 (for exemption)
    1. Allowed, subject to all just exceptions.
    2. The application stands disposed of.
    I.A. No. 7345/2021 (for exemption and seeking time for filing court fees)
    3. Allowed, subject to all just exceptions.
    4. Subject to the plaintiff depositing the amount of Court Fees within
    one week from today, the time for depositing court fees is extended by a
    week.
    5. The application stands disposed of.
    I.A. No. 7346/2021 ( u/O. XI R. 1(4) CPC)
    6. For the reasons stated, the plaintiff is permitted to file additional
    documents latest with the replication, if any.
    7. The application stands disposed of.

    CS(COMM) 278/2021 Page 1 of 4


    CS(COMM) 278/2021 & I.A. No. 7343/2021 (u/O. XXXIX R.1&2)
    8. The present suit has been filed by the plaintiffs seeking permanent
    injunction to restrain the defendants from infringing the trademarks of the
    plaintiffs and for other ancillary reliefs.
    9. It is the case of the plaintiffs that they have been operating a school in
    Delhi since 1999 in the name of ‘The Heritage School’. The said school has
    acquired immense reputation and goodwill over the years. The table below
    provides the details of the trademarks that have been registered by the
    plaintiffs:-

    CS(COMM) 278/2021 Page 2 of 4


    10. It is stated that the defendants have recently started running schools in
    the name of ‘IMPERIAL HERITAGE SCHOOL’ and have filed trademark
    registration applications only on 2nd February, 2021 and 2nd March, 2021
    under the same Class 41. The plaintiffs had issued a cease and desist notice
    to the defendants on 13th April, 2020. However, despite the said notice, it
    has come to the knowledge of the plaintiffs that the defendants are going
    ahead with the registration of the aforesaid trademark as on 2nd February,
    2021. It is the case of the plaintiffs that the word ‘HERITAGE’ is the most
    prominent part of the plaintiffs’ trademark and grave irreparable loss and
    injury would be caused to the plaintiffs if the defendants are allowed to use
    the impugned trademark which has merely added a generic word ‘Imperial’
    before the words ‘Heritage School’ and is deceptively similar to the mark of
    the plaintiffs and likely to cause confusion.
    11. Let the plaint be registered as a suit.
    12. Let summons be issued to the defendants through all means including
    e-mail. The summons so issued to the defendants would indicate that the
    written statement be positively filed within four weeks. Replication, if any,
    may be filed within two weeks thereafter.
    13. List before the Joint Registrar for completion of service and pleadings
    on 20th September, 2021
    14. Issue notice on the application by all modes including e-mail.
    15. Reply to the application may be filed within four weeks. Rejoinder, if
    any, within two weeks thereafter.
    16. Keeping in view the aforesaid, this Court is of the opinion that a
    prima facie case is made out in favour of the plaintiffs for grant of ex-parte
    ad interim relief, as sought in the present application. Balance of

    CS(COMM) 278/2021 Page 3 of 4


    convenience also lies in favour of the plaintiffs and against the defendants
    and irreparable harm or injury will be caused to the plaintiffs if the relief is
    not granted.
    17. Consequently, till the next date of hearing, the defendants, their
    agents, representatives or anyone acting on their behalf are restrained from
    using the trademark ‘IMPERIAL HERITAGE SCHOOL’ or any other mark
    which is identical or deceptively similar to the plaintiffs’ registered
    trademark.
    18. Compliance of Order XXXIX Rule 3 CPC may be made within one
    week.
    19. List the matter before the Roster Bench on 10th August, 2021.

    (AMIT BANSAL)
    VACATION JUDGE
    JUNE 9, 2021
    A

    CS(COMM) 278/2021 Page 4 of 4

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