Delhi High Court - Orders
Lurn Inc vs Ms Teamlease Edtech Limited on 24 November, 2021
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 587/2021
LURN INC ..... Plaintiff
Through : Mr.Prithvi Singh, Advocate.
versus
MS TEAMLEASE EDTECH LIMITED ..... Defendant
Through : None.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 24.11.2021
IA Nos.15193-95/2021
1. Exemption allowed, subject to all just exceptions.
2. The applications stand disposed of.
CS(COMM) 587/2021 & IA No.15192/2021
3. This suit is filed by the plaintiff for permanent injunction, infringement of trademark, passing off, rendition of accounts of illegal profits, damages and delivery up against the defendant in respect of trademark LURN .
4. Summons of the suit and notice of application be issued to the defendants through all modes/email and whatsapp returnable on 17.02.2022 before the learned Joint Registrar.
5. It is the case of the plaintiff that it was founded in the year 2004 and is an online (and offline) provider of training courses and live events to enhance online business education with the use of best-in-class technologies. The Plaintiff provides online content and resources to registered users anywhere in the world. It offers over 100 online courses (including dedicated bootcamps) that primarily target entrepreneurs etc. Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:25.11.2021 16:20
6. It is also alleged the Plaintiff‟s first use of the trademark LURN can be traced to 12.07.2001 when it registered the domain https://lurn.com/. The plaintiff is the registered proprietor of the LURN trademarks in several jurisdictions all over the world. The plaintiff‟s services have been available in India since 2010 through its interactive website https://lurn.com/ to its registered users and on an average, enrolled around 500 Indian customers on an annual basis.
7. It is alleged in the month of January, 2021 plaintiff came across the website www.schoolguru.in and www.schoolguru.in/lurningo, which were using the marks and LURNINGO. The plaintiff‟s online research revealed that the defendant had filed and registered the mark (TM No. 3252269) in respect of "providing of online educations courses included in Class 41".
8. The plaintiff immediately sent a legal notice addressed to the defendant on 03.02.2021 and also filed a rectification petition (for cancellation of the trademark registration) before the Trademarks Registry. The legal notice was delivered to the defendant; however, they chose not to respond to the same and wilfully did not cease use of the mark Lurningo or the logos .
9. It is stated the mark of the defendant is deceptively similar to the plaintiff‟s LURN trademarks is also borne out from the examination report issued by Registrar of Trademarks for the Defendant‟s mark dated Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:25.11.2021 16:20 07.11.2016. The report cites the plaintiff‟s registered logo as being similar to . The suffix to the defendant‟s mark is so stylised that it is practically unreadable, making it clear that the defendant deliberately adopted a mark as close as possible to the plaintiff‟s registered trademark, for an identical set of service offerings and offers "online courses" as their services.
10. The learned counsel for the plaintiff alleges the trademark of the defendant is liable to be cancelled and defendant has not replied to the rectification petition of the plaintiff within prescribed time.
11. In view of above, the plaintiff has made out a prima facie case and in case the defendants are not restrained ex parte, the plaintiffs shall suffer irreparable loss and injury.
12. Accordingly, till the next date of hearing, the defendant is restrained in terms of prayers (a) to (c) of the injunction application.
13. Compliance of Order 39 Rule 3 of the CPC be made within ten days.
14. Upon completion of service/pleadings, the matter be listed before this Court.
15. Order dasti.
YOGESH KHANNA, J.
NOVEMBER 24, 2021 M Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:25.11.2021 16:20