Likely To Suffer Irreparable Harm: Delhi HC Restrains A School From Using Jaipuria International Schools’ Trademark
|The Delhi High Court granted an ex parte ad interim injunction against a school for using the Jaipuria International Schools’ trademark as they were likely to suffer irreparable harm.
The Bench noted that Jaipuria Edutech Foundation (plaintiffs) had established a prima facie case for the grant of an injunction, stating that the balance of convenience favoured the plaintiffs, who would suffer irreparable harm if the injunction was not granted. The Court’s order restrained the defendant from using the plaintiffs' trademarks and any deceptively similar marks.
A Single Bench of Justice Anish Dayal observed, “In this view of the matter, in the opinion of this Court, 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.”
Advocate Rohit Sharma represented the plaintiffs.
An application under Order XXXIX Rules 1 and 2 of the CPC was filed by plaintiffs. The plaintiffs claimed exclusive rights to the trademarks associated with their educational institutions and sought to restrain defendant from misusing their deceptively similar marks following the termination of a franchise agreement.
According to the plaintiffs, the franchise agreement allowed the defendant to use Jaipuria's intellectual property for setting up a school in Muzaffarpur, Bihar. However, the plaintiffs alleged that the defendant breached the franchise agreement by not completing the school building and continuing to operate on temporary premises. Despite the termination of the agreement and a cease-and-desist notice being served to them, the defendant did not stop using the trademarks of the plaintiff.
“Defendant, and all those acting for or/and on their behalf, are restrained from using plaintiffs’ trademarks in respect of Jaipuria International Schools, Seth M.R. Jaipuria School, and the device mark and/or any other marks deceptively similar to plaintiffs’ marks in respect of school or any other educational services,” the Court observed.
To minimise disruption to the school's functioning, the Court delayed the injunction's enforcement until July, 2024, requiring the defendant to remove all references to the plaintiffs' trademarks by that date. A compliance report was directed to be filed by the end of July, 2024.
Accordingly, the High Court listed the matter for further hearing on September 11, 2024.
Cause Title: Jaipuria Edutech Foundation & Anr. v. Shyamlalbabu Educational Trust
Appearance:
Plaintiffs: Advocates Rohit Sharma, Jatin Lalwani and Nikhil Purohit