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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 278/2021
ENLEARN EDUCATION PVT LTD & ANR. ..... Plaintiffs
Through: Mr. Anirudh Bakhru, Advocate.

versus

IMPERIAL HERITAGE SCHOOL & ANR. ..... Defendants

Through: None.

CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 09.06.2021
[VIA VIDEO CONFERENCING]
I.A. No. 7344/2021 (for exemption)
1. Allowed, subject to all just exceptions.
2. The application stands disposed of.
I.A. No. 7345/2021 (for exemption and seeking time for filing court fees)
3. Allowed, subject to all just exceptions.
4. Subject to the plaintiff depositing the amount of Court Fees within
one week from today, the time for depositing court fees is extended by a
week.
5. The application stands disposed of.
I.A. No. 7346/2021 ( u/O. XI R. 1(4) CPC)
6. For the reasons stated, the plaintiff is permitted to file additional
documents latest with the replication, if any.
7. The application stands disposed of.

CS(COMM) 278/2021 Page 1 of 4

CS(COMM) 278/2021 & I.A. No. 7343/2021 (u/O. XXXIX R.1&2)
8. The present suit has been filed by the plaintiffs seeking permanent
injunction to restrain the defendants from infringing the trademarks of the
plaintiffs and for other ancillary reliefs.
9. It is the case of the plaintiffs that they have been operating a school in
Delhi since 1999 in the name of ‘The Heritage School’. The said school has
acquired immense reputation and goodwill over the years. The table below
provides the details of the trademarks that have been registered by the
plaintiffs:-

CS(COMM) 278/2021 Page 2 of 4

10. It is stated that the defendants have recently started running schools in
the name of ‘IMPERIAL HERITAGE SCHOOL’ and have filed trademark
registration applications only on 2nd February, 2021 and 2nd March, 2021
under the same Class 41. The plaintiffs had issued a cease and desist notice
to the defendants on 13th April, 2020. However, despite the said notice, it
has come to the knowledge of the plaintiffs that the defendants are going
ahead with the registration of the aforesaid trademark as on 2nd February,
2021. It is the case of the plaintiffs that the word ‘HERITAGE’ is the most
prominent part of the plaintiffs’ trademark and grave irreparable loss and
injury would be caused to the plaintiffs if the defendants are allowed to use
the impugned trademark which has merely added a generic word ‘Imperial’
before the words ‘Heritage School’ and is deceptively similar to the mark of
the plaintiffs and likely to cause confusion.
11. Let the plaint be registered as a suit.
12. Let summons be issued to the defendants through all means including
e-mail. The summons so issued to the defendants would indicate that the
written statement be positively filed within four weeks. Replication, if any,
may be filed within two weeks thereafter.
13. List before the Joint Registrar for completion of service and pleadings
on 20th September, 2021
14. Issue notice on the application by all modes including e-mail.
15. Reply to the application may be filed within four weeks. Rejoinder, if
any, within two weeks thereafter.
16. Keeping in view the aforesaid, this Court is of the opinion that a
prima facie case is made out in favour of the plaintiffs for grant of ex-parte
ad interim relief, as sought in the present application. Balance of

CS(COMM) 278/2021 Page 3 of 4

convenience also lies in favour of the plaintiffs and against the defendants
and irreparable harm or injury will be caused to the plaintiffs if the relief is
not granted.
17. Consequently, till the next date of hearing, the defendants, their
agents, representatives or anyone acting on their behalf are restrained from
using the trademark ‘IMPERIAL HERITAGE SCHOOL’ or any other mark
which is identical or deceptively similar to the plaintiffs’ registered
trademark.
18. Compliance of Order XXXIX Rule 3 CPC may be made within one
week.
19. List the matter before the Roster Bench on 10th August, 2021.

(AMIT BANSAL)
VACATION JUDGE
JUNE 9, 2021
A

CS(COMM) 278/2021 Page 4 of 4