JUDGMENT

MANMEET PRITAM SINGH ARORA, J.

1. This is an appeal under Order 43 Rule 1 of the Code of Civil Procedure, 1908 [‘CPC’], read with Section 13(1) of the Commercial Courts Act 2015, and Section 10 of the Delhi High Court Act, 1966, against the order dated 14.09.2023 [‘impugned judgment’].

2. The present appeal pertains to a dispute inter-se two institutions, ‘VAJIRAM & RAVI’ and ‘VAJIRAO & REDDY’, both engaged in the business of coaching candidates for the Indian Civil Services examination.

FACTUAL MATRIX

3. The Appellant was established by Professor P. Velayutham as a sole proprietor under the trademark ‘VAJIRAM & RAO’. The usage of the said mark continued till 1976, when Mr. P.S. Ravindram took over the management of the institute and renamed it as ‘VAJIRAM & RAVI’ [‘Appellant’s mark’].

4. The Appellant holds wordmark registrations as well as device mark registrations of ‘VAJIRAM & RAVI’ and ‘VAJIRAM & RAO’^{1Details of the Appellant’s various registrations are set out at page 71 of the paper-book.}.

5. The Respondent also engaged in the same business as the Appellant, has been operating under the trademark ‘VAJIRAO & REDDY’ [‘impugned mark’] at least since 2007. The Responden