VIVEKANANDA ENGLISH ACADEMY Vs. AMOHA EDUCATION PRIVATE LIMITED

JUDGEMENT

(1.) APPELLANTS are the respondents in Original Application Nos. 344 to 346 of 2005 and the defendants in the suit. The respondents herein are applicants in the said applications and plaintiffs in the suit.

(2.) THE applicants filed the suit for a permanent injunction restraining the defendants from in any manner passing off or attempting to pass off or causing, enabling others to pass off the services not of the plaintiffs as and for the services of the plaintiffs by use in connection therewith or in course of trade including through the use of prospectus, name boards, signages, advertisement materials, etc. under the brand name of "Vivekananda English Academy" or any other deceptively similar name or a colour able imitation of the plaintiffs services that is likely to cause confusion in the minds of the public which would be directly or indirectly associated with the plaintiffs Vivekanand Institutes and/or VETA and for other reliefs as stated therein. In the said suit, the three applications are filed in O.A. Nos. 344 to 346 of 2005 for the relief as stated therein.

(3.) THE first applicant Company entered into franchise agreements with several persons in the entire Southern States. Similar franchise agreements were entered into between the first applicant and the respondents in respect of various places. As per Clause 4.1 of the said agreement, at no time after the term, or sooner determination of this agreement, for whatsoever cause, the franchisee shall make or be entitled to make any claim to the trade mark or trade names or to the name of any part of the name or names for the time being of the franchisor or to the name of any part thereof under which the franchisor is carrying on for the time being in the field of education or training in English teaching. THE franchisee also agrees not to name any of the programme courses in English teaching which gives any indication that such courses are being conducted based on the technical know-how with the franchiser except during the period of agreement. THE franchise agreements were terminated during February 2005, but h owever, the respondents continue to carry on their business with the same trade name "Vivekananda Institute" or a similar term as "Vivekananda English Academy" only with a view to deceive the public to use the services of the applicants to teach English.