(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.