New Delhi, April 26 The Delhi High Court has restrained the schools of Sanjay Gandhi Educational Society from using the name 'The British School', a name belonging to a notable education institute in the national capital while dealing with a trademark infringement suit.
"This court has, no doubt, in concluding that continued use of the mark 'The British School' for schools of defendants would constitute misrepresentation in the course of rendering educational services to the effect that defendants' schools are in some way connected or affiliated with the plaintiff. Further, such continuous use may cause irreparable prejudice and damage not merely to the plaintiff's goodwill alone but to various students who may be enrolled and studying in the said school," Justice Prathiba M Singh said in the order dated April 25.
Asking the defendants to change the name of their schools from May 1 and apply to the CBSE affiliation in this regard, the court also noted that the colonial influence on the education system in India has taken a distinct dimension in the present case which has a reference to 'the British.'
"The word 'British' on a stand-alone basis refers to anything related to Britain, but the use of the words 'The British School' in the manner as is done by the plaintiff signifies the plaintiff and none else. The plaintiff's school has been in existence for more than 60 years now and it continues to impart a high level of education to its students. From the material placed on record, the plaintiff has been able to show that it has goodwill in the mark 'The British School'," the order read.
It also held that certificates, prizes, medals, etc. to be given to the students presently studying in defendants' schools shall be issued in the name of 'The British School' only till the end of the academic year 2021-2022 and not beyond that.
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