SUSHMA BERLIA Vs. KAMAL KUMAR

JUDGEMENT

(1.) The plaintiffs have instituted the instant suit for permanent injunction against the defendants restraining

(2.) As per the averments in the plaint, plaintiffs No.1 and 2 are the joint proprietors and owners of all intellectual property rights in the mark 'APEEJAY'. The plaintiff No.3, and other business concerns managed and controlled by plaintiffs No.1 & 2 are using intellectual property assets of plaintiffs No.1 & 2 as licencee / permitted users. Para No.7 describes name of the schools and educational institutions managed, administered and run by plaintiff No.3 society. It is averred that the trademark / trade name / service mark 'APEEJAY' was first conceived and adopted in the year 1967 / 1968 and put to commercial use with the opening of the first school at Mahavir Marg, Jalandhar, Punjab in the year, 1968. Subsequently, the plaintiffs has expanded the use of its mark 'APEEJAY' widely in respect and in relation to educational services, school management, school development activities, management of teachers-students relationship and promotion of 'APEEJAY' students in their endeavours and career progress. Since the year of adoption of the mark 'APEEJAY', the plaintiffs have continuously and extensively used it in the course of their services and management activities. The said mark has become a symbol of plaintiffs' corporate identity. It is not only a distinctive but is also adapted to distinguish the goods and services of the plaintiffs from the goods and / or services of any other person. It is the mark identified and identifiable only with the plaintiffs and none else. The plaintiffs have acquired and retained an exclusive right to use the mark in respect of goods and services provided by them. It is averred that the plaintiffs are registered proprietors of the trade / service marks and have acquired statutory right to the exclusive use of it to the exclusion of others.

(3.) It is alleged that defendants have formed an association of persons under the name and style of 'APEEJAY School Parents Association, Faridabad'. The defendant No.1 has illegally and unauthorizedly used the mark 'APEEJAY' as an essential feature / part of the name of their association and has obtained registration thereof as a society under the Society Registration Act. The services for which the defendant No.1 has formed the association are the services which are provided by the plaintiffs as their objective. These fall within the exclusive domain of the school management of the plaintiffs and the defendants have no right or justification to interfere with its management or to set up a parallel body to deal with the issues of school management. The defendants have no right title or interest for the adoption and / or use of the mark 'APEEJAY' or any other deceptively similar mark. Intention of the defendants is to cause damages to the reputation established by the plaintiffs in the said mark. The defendants were requested to desist from using the mark 'APEEJAY' but to no effect. Hence, the present suit.