SIPRA EDUCATION SOCIETY Vs. PRADNYA NIKETAN EDUCATION SOCIETY

JUDGEMENT

(1.) Heard Mr. Shah, learned counsel for the Appellant, and Mr. Poojari, learned counsel for the Respondent.

(2.) This Appeal is directed against the order dated 9th January, 2017, passed by the District Judge-19, Pune on the application for temporary injunction filed at 'Exhibit-5' in Civil Suit No.14 of 2014.

(3.) The said application was preferred by the Respondent herein, restraining the Appellant, during the pendency of the Suit, from using the trade name "Spring Orchid", which is similar to the name of the Respondent-School "The Orchid School". The Trial Court has allowed the said application and by its impugned order, restrained the Appellant from passing off identical services of "Spring Orchid School" as those of the Respondent, by adopting and/or using the service mark "Spring Orchid" or by adopting and/or using the word "Orchid" to form any other deceptively similar or identical mark to the service mark "The Orchid School" of the Respondent in respect of the identical services relating to education and training.