S K Sachdeva & Anr. v. Shri Educare Limited & Anr.
Case brief
What is this about?
, the Delhi High Court vacated an interim injunction restraining appellants from using the trade name ShreeRam World School and domain www.shreeram.in. The Court held the respondent guilty of misrepresentation and concealment for failing to disclose a prior admission that 'SHRI RAM' is a common name of a deity and no exclusive rights can be claimed.
What did the court decide?
Injunction restraining the appellant from using the trade mark 'ShreeRam World School' and domain name www.shreeram.in is vacated. Appellants must state prominently that the school is managed by Mata
What the court decided
IN THE HIGH COURT OF DELHI AT NEW DELHI
%
Judgment reserved on: 18th September, 2015 Judgment delivered on: 25th January, 2016
- FAO(OS) 531/2014 & CM Nos.20873/2014, 4500/2015 & 14112/2015
SK SACHDEVA & ANR.
....Appellants
versus
SHRI EDUCARE LIMITED & ANR. …. Respondents
Advocates who appeared in this case:
For the Appellants : Mr M.K. Miglani with Mr Gaurav Miglani and Mr Aayushmaan Guaba, Advocates.
For the Respondents : Mr Sudhanshu Batra, Sr Advocate with Ms Anuradha Salhotra, Mr Sumit Wadhwa and Mr Zeeshan Kahn, Advocates.
CORAM:-
Issues for consideration
3 issues framed by the court
Whether an interim injunction should be granted when the respondent previously admitted the mark is common to trade and no exclusive rights can be claimed.
Whether the respondent's failure to disclose a withdrawn admission regarding the common nature of the mark 'SHRI RAM' amounts to concealment and misrepresentation.
Whether the use of the domain name wwww.shreeram.in by the appellant constitutes infringement given the respondent's admission that 'SHRI RAM' is a common name of a deity.
Parties & counsel
- appellant
SK SACHDEVA & ANR.
- respondent
SHRI EDUCARE LIMITED & ANR.
Coram
SANJEEV SACHDEVA
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court