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Judgment
The dispute between the parties stands settled and a joint application under Order XIII Rule 3 of the CPC has been moved.
The terms of settlement read thus:
“1.The Defendant hereby acknowledges that the Plaintiff is the exclusive proprietor of the trade marks THE BRITISH SCHOOL
and based on the records of the present suit filed by the Plaintiff before this Hon 'ble Court.
2.Subject to clause 8 herein below, the Defendant undertakes to completely and permanently give up all use of the trade marks THE BRITISH INTERNATIONAL SCHOOL, Chennai
, , and the image-
and/or any other trade mark, which is deceptively similar to the Plaintiff’s trade marks, inter alia, including but not limited to, THE BRITISH SCHOOL,
and in the field of education in India in any manner whatsoever.
3.The Defendant agrees and undertakes to file appropriate requests with the concerned Trade Marks Office for withdrawal of its respective trade mark registrations being TM Application No. 1580447 in Class 41 for the mark
and and TM under Registration No. 3257707 in Class 41 for the mark within 30 days of the present Settlement being allowed and decreed by this Hon'ble Court. The Defendant also agrees and undertakes to send an intimation of this compliance to the Plaintiff on their email IDs [email protected] and [email protected] alongwith copies of the letters of withdrawal(s) filed with filing proof, within l0 days thereafter. The Defendant further agrees and undertakes not to file, either directly or indirectly or through its successors, representatives and assigns, any application for registration of any mark which is identical to or deceptively similar to the Plaintiff’s trade marks, inter alia, THE BRITISH SCHOOL,
and in relation to the field of education in India in any manner whatsoever.
4.The Defendant states that the domain name/URL www.britishschool.co.in is no longer registered with the Defendant since the same was not renewed by the agent. The Defendant undertakes not to apply for, obtain, use and/or renew any domain name/URL comprising 'THE BRITISH SCHOOL' in any manner whatsoever
5.The Defendant undertakes not to file for any trade mark application and/or use any domain name/URL containing THE BRITISH INTERNATIONAL SCHOOL,
,
and and/or the Plaintiff’s trade marks and/or any other trade mark, which is deceptively similar to the Plaintiff’s trade marks, inter alia, THE BRITISH SCHOOL
and in relation to the field of education in India in any manner whatsoever.
6.The Defendant has discontinued all its social media accounts under the trade marks, inter alia, THE BRITISH INTERNATIONAL SCHOOL, CHENNAI
, and
. The Plaintiff acknowledges that the Defendant has discontinued their social media accounts i.e., the Twitter handle titled @tbischennai and the Facebook page titled "The British International School, Chennai -TBISC".
7.The Defendant has renamed its Company from 'British International School Chennai Private Limited' to ‘PLR Academy of Excellence Private Limited' with effect from March 09, 2022.
8.The Plaintiff has no objection to the Defendant using the name ‘British International School, Chennai' as part of its new Company name, i.e., "PLR Academy of Excellence Private Limited (formerly known as British International School Chennai Private Limited)" on its business letters, bill heads, letter, and papers and in all its notices and other official publications till March 09, 2024 only for the purpose of regulatory/statutory/tax filings as may be required legally under the applicable Indian Laws (current and future assessment years).”
The Court has perused the terms of settlement and find them to be lawful and in order.
The parties are represented by learned Counsel who undertake on behalf of their respective clients to remain bound by the terms of settlement.
In view of the aforesaid, the dispute in the suit does not survive for consideration.
The suit stands decreed in terms of settlement reproduced hereinabove, by which the parties shall remain bound. Let a decree sheet be drawn up by the Registry accordingly.
The plaintiff shall be entitled to refund of 50% of the court fees, if any, deposited by it.
The next date already fixed in the matter, i.e., 12 December 2023, stands cancelled.