Recently, M/s. Eduspark International Private Limited (Eduspark) represented by R K Dewan & Co., was successful in obtaining an interim injunction against an infringer for infringing their trademark “VIBGYOR”.
‘VIBGYOR’ is a well-known school chain managed by Eduspark, which imparts high quality education from Play school to Higher Secondary. In 2004, the first ‘VIBGYOR’ school was set up in Goregaon, Mumbai. Presently, Eduspark under its registered mark ‘VIBGYOR’ manages over 39 Schools across 7 States and 14 cities in India - Kolhapur, Mumbai, Pune, Surat, Kalyan, Benguluru, Navi Mumbai, Indore, Nashik, Mangaluru, Lucknow, Vadodara, Coimbatore and in the NCR including Gurugram.
The teaching methodologies of ‘VIBGYOR’ institutions focuses on a colourful blend of traditional classroom learning combined with extensive facilities, modem teaching methodologies and a wide range of extracurricular activities, numerous social and cultural events and similar special occasions, which ensure a holistic approach to the students' overall growth and progress.
Eduspark came to know that, Laxmi Publications Private Limited was infringing their mark by using a deceptively similar/near-identical mark “
” and was selling infringing copies of educational books via its domain name
www.laxmipublications.com.
R K Dewan & Co. on behalf of Eduspark approached the Delhi High Court, restraining the Trademark Infringement. The Hon’ble Court
vide Order dated 23.08.2022 granted an ex parte ad-interim injunction, restraining Laxmi Publications Private Limited and held that the mark “
” was deceptively similar to the Eduspark’s registered trademark “VIBGYOR”.
The Court was pleased to appointed a Local Commissioner to investigate and take charge of all the infringing products/goods bearing the trademark 'VIBGYOR' along with any packaging material, labels, blocks, dies etc. and make an inventory of the same.
The Local Commissioner successfully conducted investigations on 29.08.2022 and took charge of 2216 infringed books/goods bearing the mark “
”.
