BADAR DURREZ AHMED, SANJEEV SACHDEVA
SK SACHDEVA – Appellant
Versus
EDUCARE LIMITED – Respondent
SANJEEV SACHDEVA, J.
1. The appellants in this appeal impugn the judgment dated 14.11.2014 whereby the interim order dated 25.04.2014 has been confirmed. The appellant has been restrained from using the trademark/trade-name ‘ShreeRam World School’ and the domain name www.shreeram.in on the ground that it is deceptively and phonetically similar to the respondents’ trademark ‘SHRI RAM / SHRIRAM’ in relation to its services.
2. The respondents are the plaintiffs and have filed the suit for permanent injunction, passing off, damages contending that they had established the school ‘THE SHRI RAM SCHOOL’ in the year 1988 in Vasant Vihar, New Delhi. It is contended that the respondents thereafter added further schools under the same trade-name i.e. ‘The SHRI RAM SCHOOL’ in Gurgaon. It is contended that the schools under the name ‘THE SHRI RAM SCHOOL’ have carved out a unique space as institutions of excellence and are well known for their value based education. The schools of the respondents have been ranked very high in order of merit and in certain surveys ranked as the number one school in India.
3. It is contended in the plaint that the appellants/defendants have been running
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