BRITISH SCHOOL SOCIETY Vs. SANJAY GANDHI EDUCATIONAL

JUDGEMENT

(1.) The present suit has been filed by the Plaintiff- The British School Society for permanent injunction against infringement of trade mark, passing off, unfair competition, rendition of accounts, damages and delivery up etc. The Plaintiff is an international, not-for-profit society located in New Delhi, India. The Plaintiff runs The British School which is located at the Chanakyapuri, New Delhi. Defendant No. 1 is a registered society with its principal place of business in Chandigarh. Defendant No.2 is stated to be a resident of Panchkula, Haryana.

(2.) The case of the Plaintiff is that it is aggrieved on account of Defendants unauthorised adoption and use of the mark The British School, which is identical to Plaintiffs prior, distinctive and well-known mark. The mark The British School is stated to have been adopted by the Defendants in relation to identical services, i.e., educational services, for their four schools in Punjab and Haryana.

(3.) In the year 1963, a group of British parents, supported by the British High Commissioner to India, started The British School in Defence Colony, New Delhi with the aim of serving the diplomatic and expatriate community. The British School operates under the aegis of the Plaintiff society with the British High Commissioner to India as its President. The word mark The British School' is registered in favour of the Plaintiff under trade mark number 2518107 claiming user since 1963 in respect of services related to education, schools, colleges, etc. However, a condition to the effect that the registration of the said mark shall give no right to the exclusive use of The British School' is attached to the trade mark registration.