SRF FOUNDATION AND ORS. Vs. RAM EDUCATION TRUST

JUDGEMENT

(1.) By this order, I propose to decide the application being I.A. No.12216/2014 under Order XXXIX Rule 1 and 2 CPC filed by plaintiffs seeking interim injunction against the defendant restraining it from using mark/name SHRI RAM in respect of running the schools. The plaintiffs have filed a suit for permanent injunction, passing off, account of profits under the Trade Marks Act, 1999 (hereinafter referred to as the "Act").

(2.) The brief facts of the case as per plaint are :

(3.) Counsel for the plaintiffs submits that the plaintiffs have no objection if the said mark/name SHRI RAM is used by the defendant in relation to any other different activities or services except in relation to the services of school on the reason that as far as running of school bearing the mark SHRI RAM is concerned, they are prior user and have acquire unique goodwill, name and reputation and it would create confusion and deception if allowed to the defendant who was aware about the same on the date of adoption and it is done by the defendant in order to make misrepresentation.