Kailash Gambhir, J.

IA No. 13469/2012 in CS (OS) No. 2237/2012

1. The present case concerns the plaintiff’s Intellectual Property Rights in its trademark/label “TURNING POINT” bearing No. 1324835 in Class 41, registered on 15-11-2005 for providing Educational Services, training, Entertainment, Sporting & Cultural Activities.

2. Briefly stating the case of the plaintiff is that the Plaintiff, Shri Keshav Kumar Aggarwal is the sole proprietor of the firm M/s TURNING POINT, situated at B-1/ 30 Malviya Nagar, New Delhi which is engaged in providing Educational Services, Coaching & training for students in various Schools & Colleges, since the year 1998 under the trademark “TURNING POINT”, which had been duly registered by the Plaintiff under class 41 on 15.11.2005 and the plaintiff has built up enormous goodwill & reputation in the market over the years. It is the case of the plaintiff that the said registration of the trademark “TURNING POINT” by the Plaintiff is valid and subsisting till the year 2015. It is also the case of the plaintiff that the plaintiff was the first one to have coined a unique & subjective mark with respect to educational services in the year 1998. Acco