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Delhi High Court Restrains School from Using Jaipuria Trademarks, Orders Compliance by July 15 [Read Order]

By Jhanak Sharma      01 June, 2024 11:50 AM      0 Comments
Delhi High Court Restrains School from Using Jaipuria Trademarks Orders Compliance by July 15

New Delhi: The Delhi High Court has issued an injunction preventing the Defendant and their representatives from using the Plaintiff's trademarks for 'Jaipuria International Schools,' 'Seth M.R. Jaipuria School,' and any device marks similar to the Plaintiff's trademarks for educational services.

Justice Anish Dayal, presiding over the Single Bench, observed that the Plaintiff presented a prima facie case for an ex parte ad interim injunction until the next hearing. He noted that the balance of convenience favored the Plaintiff and that irreparable harm could occur if the injunction was not granted (Para 6).

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The Plaintiffs, part of the Jaipuria Group, which operates educational institutions, claimed ownership of the trademarks 'Seth M.R. Jaipuria School' and 'Jaipuria International Schools.' The trademarks were registered on November 4, 2014, and July 13, 2016, respectively. Additionally, the 'Jaipuria Schools' device mark was registered on February 27, 2013. In 2022, a Franchise Agreement was made with the Defendant trust for a school in Muzaffarpur, Bihar, allowing the use of Jaipuria intellectual property. Due to breaches and failure to establish the school building, the agreement was terminated, yet the Defendant continued using the trademark.

In 2024, the Plaintiff discovered the school had relocated and was operating under the name 'Jaipuria International School' using 'Seth M.R. Jaipuria' labels. Consequently, the Plaintiff sought a permanent injunction under Order XXXIX Rules 1 and 2 of CPC to stop the Defendant from using their trademarks.

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The Plaintiff's counsel argued that the Shyamlal Babu Educational Trust was initially permitted to use the 'Seth M.R. Jaipuria School' mark at a specified location in Muzaffarpur, but the Defendant was now operating under 'Jaipuria International School' at a different location, despite the franchise agreement's termination.

The Plaintiff's counsel emphasized the Jaipuria Group's 80-year reputation in education, asserting that the Defendant's actions were damaging their goodwill.

The Court found a prima facie case and ordered the removal of the 'Jaipuria' mark from the school name and premises in Muzaffarpur, with compliance required by July 15, 2024. The injunction would take effect from this date to avoid immediate disruption to the school. The Court also called for compliance under Order XXXIX Rule 3, CPC within a week and scheduled the next hearing for September 11, 2024.

Plaintiff's Counsel: Rohit Sharma, Jatin Lalwani & Nikhil Purohit

Defendant's Counsel: None

Case Title: Jaipuria Edutech Foundation vs. Shyamlalbabu Educational Trust 

[Read Order]



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