Lake Mount Educational Society vs Global Educational Trust on 24 June, 2025

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(Dated this the 24th day of June 2025)

1. Appellants are the defendants in O.S. No.34/2018 on the files

of the Second Additional District Judge, Ernakulam, filed under

the Trade Marks Act, 1999. The defendants are challenging the

order of a temporary injunction granted by the Trial Court in I.A.

No.5581/2018 filed by the plaintiff, restraining the defendants

and persons claiming under them from offering educational

services by using the trade name ‘GLOBAL PUBLIC SCHOOL’

as their trade name or as part of their trade name.

2. The short facts necessary for the disposal of this Appeal alone

are stated: The respondent/plaintiff is a Trust by name, Global

Education Trust. The plaintiff established a school by name

Global Public School in the year 2006 and has been running the

same at Thiruvaniyoor and kindergarten schools at Padamugal

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and Panampilly Nagar, all in Ernakulam District. The Global

Public School of the plaintiff is affiliated to the Central Board of

Secondary Education, New Delhi, and follows the syllabus

prescribed by the said Board. The plaintiff has obtained

registration for their trade name ‘GLOBAL PUBLIC SCHOOL’ in

India under Trademark No.1476968 in Class 41 with effect from

07.08.2006. The case of the plaintiff is that on 12.07.2018

certain parents of the students brought to the notice of the

plaintiff that the respondents have been using the name Global

Public School as a part of their name as ‘LAKE MOUNT

GLOBAL PUBLIC SCHOOL’ and thereby disguising the second

respondent school as an establishment promoted by the plaintiff

or of an affiliate or as a franchise by the plaintiff. The plaintiff

claims that, being the registered proprietor of the trade name

GLOBAL PUBLIC SCHOOL, the plaintiff has the exclusive right

to use the same and the use of a name which incorporates the

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whole trade name of the plaintiff without permission of the

plaintiff by the defendants is infringement of the trade mark of

the plaintiff.



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