C.S.No.58 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR

C.S.No.58 of 2021

1.Rajeswari Educational and Charitable Trust

Rep.by its Managing Trustee G.V.Selvam

Registered Office at No.21, 2^nd Main Road

Gandhi Nagar, Vellore 632 006.

And Administrative Office at No.111,

Vellalar Street, Kodambakkam,

Chennai 600 024.

2.Anusha Selvam

Trustee, Rajeswari Educational and Charitable Trust

Residing at No.111, Vellalar Street,

Kodambakkam, Chennai 600 024.

... Plaintiffs

Vs.

Dr.Arumugam Gounder

Director

GD Goenka Toddlers Schools,

Vellore International School Bikaner

E-15, Kantakathuria Colony

Behind Reliance Fresh, Bikaner 334 001.

... Defendant

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C.S.No.58 of 2021

Prayer: This Civil Suit is filed under Order IV Rule 1 of Original Side Rules

Read with Order VII Rule 1 & 2 of Civil Procedure Code r/w Sections 27, 28,

29, 134 & 135 Trademarks Act, 1999, praying to pass the judgment and

decree:-

a) A perpetual injunction restraining the defendant, by himself, or

through their trust, associates, sister concerns or by its servants or agents or

anyone claiming through it from in any manner infringing the plaintiff's

registered trade mark “Vellore International School” and “VIS” by using the

offending trade mark “ Vellore International School” in India either as a trade

mark or as a part of its trading style or any other mark or marks which are in

any way deceptively similar to the plaintiff's well established and registered

trade mark “ Vellore International School”;

b) A permanent injunction restraining the defendant by himself, or

through any other agencies in India or by its servants or agents or anyone

claiming through it from in any manner passing off its educational services in

India by using the offending trade mark “ Vellore International School” and

“VIS” as and for the celebrated educational services of the plaintiff bearing

the well-established and registered trade mark “ Vellore International School”

and “ VIS” either by using the same for its educational institution or in any

manner advertising the same;

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C.S.No.58 of 2021

c) Directing the defendant to surrender all the unused letter heads and

other materials containing the trade mark “ Vellore International School”

together with its dyes, blocks etc.,;

d) Directing the defendant to pay the costs of this suit;

For Plaintiffs

: Mr.A.Saravanan

ORDER

The plaintiff has filed this suit seeking perpetual injunction

restraining the defendant from infringing its registered trade mark “Vellore

International School” and “VIS” by using the offending trade mark “Vellore

International School.” The plaintiff also sought for a direction to the

defendant to surrender all the unused letter heads and other materials

containing the trade mark “Vellore International School.”

2. According to the plaintiffs, the first plaintiff is a Public

Charitable Trust and the second plaintiff is a Trustee of the first plaintiff. The

plaintiffs have been administering Educational Institution in the name of

“Vellore Institute of Technology.” The plaintiffs also established a university

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C.S.No.58 of 2021

called “Vellore Institute of Technology” and administrating a School in the

name of “Vellore International School.” The plaintiffs are the owners of the

trade mark “Vellore Institute of Technology Chennai”, “Vellore Institute of

Technology Bangalore”, Vellore Institute of Technology Andrapradesh”, and

“Vellore Schools of Business.” By using the above name, the plaintiffs have

acquired a distinct reputation in the field of education.

3. The plaintiffs are the registered proprietor of the trade mark

“Vellore International School” (“VIS”) and “Vellore International School

Chennai” and therefore, they had acquired both stat