Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

Apeejay Stya Knowledge Llp & Anr vs Naya Samaj Parents Association & Anr on 17 April, 2023

Author: Sanjeev Narula

Bench: Sanjeev Narula

                          $~40
                          *       IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +       CS(COMM) 459/2020
                                  APEEJAY STYA KNOWLEDGE LLP & ANR.            ..... Plaintiffs
                                                Through: Mr. Anurag Ahluwalia and Mr. Akash
                                                         N., Advocates.

                                                           versus

                                  NAYA SAMAJ PARENTS ASSOCIATION & ANR. ..... Defendants
                                               Through: Mr. Khagesh B. Jha and Ms. Shikha
                                                        Sharma Bagga, Advocates for D-1.

                                  CORAM:
                                  HON'BLE MR. JUSTICE SANJEEV NARULA
                                                           ORDER

% 17.04.2023

1. The Plaintiff No. 1 is the proprietor of the registered trademark "APEEJAY"/ "APJ"/ "APEEJAY SCHOOL" etc. (as mentioned in paragraph No. 18 of the plaint), which was adopted in 1967 and has been in use ever since in respect of educational services. They obtained registrations of various domain names such as "www.apeejay.edu", "www.apeejay.com", "www.apj.edu", as early as 08th January, 1998 for promotion and information of their services.

2. Plaintiffs' grievance pertains to use of the e-mail ID "[email protected]" [hereinafter, "impugned e-mail"], which subsumes their registered mark "APJ" by Defendants, styled as a parent association.1 It is contended that Defendant No. 1 is an association registered 1 Defendant No. 1 is the Naya Samaj Parents Association, of which Defendant No. 2 - Ms. Meenakshi Kuhad is the President.

under the Societies Registration Act, 1860 under the name 'Naya Samaj Foundation' and has no affiliation to the Plaintiff No. 1-school. They are neither recognised by Plaintiffs, nor do they have any authority or consent to use their registered mark as a part of the impugned e-mail. Such use is intended to create a dishonest association with Plaintiffs, when there is in fact none. Plaintiffs thus, seek a permanent injunction against Defendants from using their registered trademark as a part of the impugned e-mail or in any other manner that would amount to infringement of Plaintiff No. 1's trademark rights.

3. Mr. Khagesh Jha, counsel for Defendants, without admitting any of the afore-noted allegations, reiterates that Defendants have not used, and shall not use the impugned e-mail ID in future.

4. Mr. Anurag Ahluwalia, counsel for Plaintiffs, on instructions, states that the suit can be decreed in terms of the undertaking tendered by Mr. Jha.

5. In light of the above, taking the statement of Mr. Jha on record and binding Defendants to the same, the suit is decreed on that basis.

6. No further directions are called for. No orders as to cost or damages.

7. It is clarified that the Court has not evaluated the merits of allegations and counter-allegations raised by both parties.

SANJEEV NARULA, J APRIL 17, 2023 as Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:20.04.2023 10:16:04