Delhi High Court - Orders
Lawrence School Sanawar Society vs Sanawar Institute For Children And ... on 5 December, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~2(OS)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 455/2021 & I.A. 20484/2022
LAWRENCE SCHOOL SANAWAR SOCIETY ..... Plaintiff
Through: Mr. Sudarshan Kumar Bansal & Mr.
Nikhil Sonker, Advocate.
(M:7417478967)
versus
SANAWAR INSTITUTE FOR CHILDREN
AND OTHERS .....Defendant
Through: Mr. Himanshu Deora and Mr.
Yashwardhan Singh & Mr. Naqeeb
Nawab, Advocates for D-1 to 4.
(M:8141980864)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 05.12.2022
1. This hearing has been done through hybrid mode.
2. The present suit seeks permanent injunction restraining infringement of the Plaintiff's trademark and copyright as also reliefs for passing off, delivery up, rendition of accounts, etc. in respect of use of the term 'SANAWAR' as part of the name of the Defendants' school. The Plaintiff is the Lawrence School (Sanawar) Society also known as 'Sanawar', claiming reputation and goodwill due to long usage since 1847. The Defendant-School is located in Bathinda, Punjab.
3. This Court had heard detailed arguments on the interim application on 20th April, 2022. Thereafter, vide order dated 5th July, 2022, terms were Signature Not Verified Digitally Signed CS(COMM) 455/2021 Page 1 of 4 By:DEVANSHU JOSHI Signing Date:09.12.2022 10:58:16 recorded for resolving the dispute amicably. As per the said terms recorded on 5th July, 2022, the Defendant had agreed to cease the use of the word 'SANAWAR' w.e.f. 1st April, 2024. The detailed terms and conditions were to be incorporated in a settlement application to be filed before the Court.
4. Today, the settlement application being I.A.20484/2022 has been filed. The terms of settlement are recorded in paragraphs 2(a) to 2(g) of the application. Broadly, the settlement agreement records that the Defendants shall cease the use of the word 'SANAWAR' and have agreed to use a new name with effect from 1st April, 2024. The Defendants have also undertaken not to use the word 'SANAWAR' in their name or in the domain name in respect of the Defendant-school or any other related activities. Defendants have agreed to apply to the CBSE within a period of three months and to all other authorities, such as the District Education Office, Bhatinda, for the purpose of the change of name. The Defendants have also agreed to destroy all finished and unfinished materials bearing the impugned mark except records pertaining to certain documents like report cards, fee receipts, etc.
5. The various terms and conditions in detail as reflected in the application under Order XXIII Rule 3 CPC, are set out below:
"a) After the completion of academic year 2023-2024, i.e., w.e.f. 1" April, 2024, the Defendants shall cease use of the word 'SANAWAR' in their school name in any manner and they shall adopt a new name for Defendant No.1-School by deleting the word 'SANAWAR'.
Defendant No.l-School shall use the new name w.e.f. 1st April, 2024, which in any manner, shall not incorporate the word 'SANAWAR' or 'The Lawrence School, Sanawar' of the Plaintiff or any other deceptively similar mark(s). It is further agreed that w.e.f. 1st April, 2024, the Defendants shall not use the word/name Signature Not Verified Digitally Signed CS(COMM) 455/2021 Page 2 of 4 By:DEVANSHU JOSHI Signing Date:09.12.2022 10:58:16 'SANAWAR' in their domain name or in any other manner in relation to its School or related activities including on stationaries, publicity materials, school uniforms & literatures and all other paraphernalia connected there with.
b) The Defendants would be free to adopt a new name and seek all affiliations and other regulatory compliances from the respective governmental authorities, including the District Education Office, Bhatinda, and NOC from the Government of Punjab, etc., in respect of the new name.
c) The Defendants shall take steps immediately to apply to the CBSE, within a period of 3 months, for the change of name of Defendant No.1-School in respect of its CBSE affiliation.
d) The Defendants are free to apply to the District Transport Authority/Transport Department/Banks/any other authorities, at the State or Central level, for the purpose of reflecting the new name.
e) The Defendants admits the statutory rights of the Plaintiff in Trademark, Trademark name and domain name of 'SANAWAR'/'THE LAWRENCE SCHOOL SANAWAR' being the matters of record, and shall not challenge the registrations of the Plaintiff and shall withdraw any pleas, which have been raised, in respect of invalidity of the Plaintiffs marks being 'THE LAWRENCE SCHOOL SANAWAR' /' SANAWAR'/ related marks for which the Plaintiff has registrations.
f) The Defendants shall destroy all the finished and unfinished materials bearing the impugned trademark/trademark domain of SANAWAR including sign boards, blocks/labels, display boards, trade literatures and goods on or before the date of 1" April, 2024, however, the said term shall not be applicable to the records and material pertaining to admissions, Signature Not Verified Digitally Signed CS(COMM) 455/2021 Page 3 of 4 By:DEVANSHU JOSHI Signing Date:09.12.2022 10:58:16 report cards, fee receipts, past events/ functions/ competitions/ awards/ accolades, registers and or similar material which are required under various relevant laws.
g) In view of the Defendants' undertaking, the Plaintiff does not press for the reliefs in paragraph 57(b), (d),
(e), (f) and (g) of the plaint."
6. Two copies of the application have been handed over which are stated to be counter parts of each other. The Plaintiff and the Defendant have signed the application along with their counsels. The Plaintiff is represented through Mr. Himmat Singh Dhillon and the Defendant is represented through Mr. Gurucharan Singh Brar. The affidavits of both parties have been attached with the application. The Court has perused the settlement terms. The same are lawful and there is no impediment in recording the same. The parties and all others acting for or on their behalf shall be bound by the terms of the settlement.
7. The suit is, accordingly, decreed in terms of paragraphs 2(a) to 2(g) of the application. No other reliefs are pressed. Decree sheet be drawn accordingly. All pending applications are disposed of.
8. In view of the settlement, the entire Court fee is directed to be refunded to the Petitioner through counsel.
PRATHIBA M. SINGH, J DECEMBER 5, 2022 dj/ms Signature Not Verified Digitally Signed CS(COMM) 455/2021 Page 4 of 4 By:DEVANSHU JOSHI Signing Date:09.12.2022 10:58:16