JUDGMENT

Prathiba M. Singh, J. - Background

1. The present suit has been filed by the Plaintiff- The British School Society for permanent injunction against infringement of trade mark, passing off, unfair competition, rendition of accounts, damages and delivery up etc. The Plaintiff is an international, not-for-profit society located in New Delhi, India. The Plaintiff runs 'The British School' which is located at the Chanakyapuri, New Delhi. Defendant No. 1 is a registered society with its principal place of business in Chandigarh. Defendant No.2 is stated to be a resident of Panchkula, Haryana.

2. The case of the Plaintiff is that it is aggrieved on account of Defendants' unauthorised adoption and use of the mark 'The British School', which is identical to Plaintiff's prior, distinctive and well-known mark. The mark 'The British School' is stated to have been adopted by the Defendants in relation to identical services, i.e., educational services, for their four schools in Punjab & Haryana.

3. In the year 1963, a group of British parents, supported by the British High Commissioner to India, started 'The British School' in Defence Colony, New Delhi with the aim of serving the diplomatic