SHEMFORD SCHOOLS PRIVATE Vs. SHEMFORD INTERNATIONAL SCHOOL

JUDGEMENT

(1.) In terms of the last order, the defendant has filed the affidavit on 14th July, 2014. Earlier, the statement was made on behalf of the defendant that the defendant has already given up the user of the trademark "SHEMFORD" as alleged by the plaintiffs and time for filing the affidavit was, therefore, sought by the defendant. In the affidavit filed by Mrs.Sheela Chaudhary, Proprietor of the defendant-School a statement has been made that she has already changed the name of her school from "SHEMFORD INTERNATIONAL SCHOOL" to "STEMFORD INTERNATIONAL SCHOOL". She has also filed the approval letter dated 29th November, 2012 received from the District Education Officer, Primary Education, Sikar. In para 6 of the affidavit, the statement is made that she is not, in any manner, dealing under the mark "SHEMFORD". The use of the mark "SHEMFORD INTERNATIONAL SCHOOL" was limited to newspaper advertisements in 2011, at which time the School was not actually providing educational services. She has also given an undertaking that she shall not use the mark "SHEMFORD" in future in any manner whatsoever.

(2.) Learned counsel for the plaintiffs, after having gone through the affidavit filed by Mrs.Sheela Chaudhary, on behalf of his clients has strongly opposed the mark "STEMFORD INTERNATIONAL SCHOOL, as according to him, the trademark/name "SHEMFORD" used by the plaintiffs as part of the name of their School and the mark "STEMFORD" proposed to be used by the defendant are deceptively similar and it amounts to infringement of the plaintiffs' registered trademark.

(3.) After filing the affidavit, the defendant has left it for the Court to decide whether the two names are deceptively similar or not.