S.P.GARG
SUSHMA BERLIA – Appellant
Versus
KAMAL KUMAR – Respondent
S.P.GARG, J.
1. The plaintiffs have instituted the instant suit for permanent injunction against the defendants restraining infringement of trademark, passing off and damages, etc.
2. As per the averments in the plaint, plaintiffs No.1 and 2 are the joint proprietors and owners of all intellectual property rights in the mark ‘APEEJAY’. The plaintiff No.3, and other business concerns managed and controlled by plaintiffs No.1 & 2 are using intellectual property assets of plaintiffs No.1 & 2 as licencee / permitted users. Para No.7 describes name of the schools and educational institutions managed, administered and run by plaintiff No.3 society. It is averred that the trademark / trade name / service mark ‘APEEJAY’ was first conceived and adopted in the year 1967 / 1968 and put to commercial use with the opening of the first school at Mahavir Marg, Jalandhar, Punjab in the year, 1968. Subsequently, the plaintiffs has expanded the use of its mark ‘APEEJAY’ widely in respect and in relation to educational services, school management, school development activities, management of teachers-students relationship and promotion of ‘APEEJAY’ students in their endeavours and career pr
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