The Court was dealing with a petition filed by the British School Society (plaintiff) against Sanjay Gandhi Educational Society (defendants) which runs a chain of schools in places like Panchkula, Mohali, Chandigarh and Ferozepur.
In the same petition, the Court had passed an ex-parte ad interim injunction against the defendants on October 12, 2021 restraining them from using the mark ‘The British School’ or any other mark deceptively similar to plaintiff’s mark, till further orders.
Thereafter, an application for the modification of the order was filed by the defendants and through an order of December 22, 2021, concession was given by the Court to the defendants to comply with the injunction order till the end of the academic session of 2021-22 on the condition that defendants will not advertise the admission for the next session under the name ‘The British School.
An application was also filed by the defendants seeking vacation of injunction.
The court was told that The British School was set up in the year 1963, by a group of British parents, supported by the British High Commissioner to India with the aim of serving the diplomatic and expatriate community. ‘The British School’ operates under the aegis of the plaintiff society with the British High Commissioner to India as its President, the court was told.
It was argued that the mark ‘The British School’ is registered in favour of the plaintiff in respect of services related to education, schools, colleges, etc. However, a condition to the effect that the registration of the said mark shall give no right to the exclusive use of ‘The British School’ was attached to the trade mark registration.
Source: Barandbench
