Triumphant Institute Of Management Education Pvt Ltd v. M/S Education Time & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 131/2014 TRIUMPHANT INSTITUTE OF MANAGEMENT EDUCATION PVT LTD ..... Plaintiff Through :

Mrs. Pratibha M. Singh, Sr. Adv. with Ms. Bitika Sharma and Mr. Kapil Midha, Advs.

versus M/S EDUCATION TIME & ORS ..... Defendants Through :

Mr.

S.

N.

Tirpathy, Mr.

Jayant Chaurasiya and Mr. Sunil Kumar Tiwari, Advs. with D-3 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 28.10.2015 Defendant no.3 is present in person and he is proprietor of the defendant nos.1 & 2. He submits that none of the defendants will use the trademark and logo 'T.I.M.E.', and 'EDUCATION TIME' or any other deceptively similar mark as that of the plaintiff, inasmuch as the defendants will not use the coaching material of the plaintiff. Defendants shall remain bound by this statement. In view of the statement, a decree in terms of the prayer 'a' and 'c' is passed in favour of the plaintiff and against the defendants.

Defendants shall return the coaching material seized by the Local Commissioner and lying in Superdari of the defendant no.3 to the

authorized representative of the plaintiff.

Other prayers have not been pressed by the plaintiff.

Suit is disposed of in the above terms.

All the miscellaneous applications are disposed of as infructuous. A.K. PATHAK, J.

OCTOBER 28, 2015 dk