IMS LEARNING RESOURCES PRIAVATE LIMITED vs YOUNG ACHIEVERS

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 602/2018 IMS LEARNING RESOURCES PRIVATE LIMITED .....Plaintiff Through: Mr. Vaibhav Vutts, Ms. Aamna Hasan, Ms. Anupriya Shyam, Ms. Aarya Deshmukh, Advocates (M:9971576500) versus YOUNG ACHIEVERS .....Defendant Through: Ms. Niddhi Akhouri, Advocate (M:8882620960) CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA JUDGMENT % 20.01.2025 MINI PUSHKARNA, J: Introduction: 1. The present suit has been filed for permanent injunction seeking to restrain the defendant from using the words “IMS” or any other mark, name logo, monogram or label that is identical with and/ or deceptively similar to the trademark “IMS” of the plaintiff. 2. The present suit was instituted in the year 2011 bearing no. CS(OS) 2316/2011 and was re-numbered as commercial suit bearing no. CS(COMM) 602/2018 vide order dated 08th February, 2018, passed by this Court. 3. The plaintiff and defendant entered into agreements in 2007 and 2010, allowing the defendant to use the “IMS” trademark and proprietary materials for a center in Meerut, Uttar Pradesh. By mutual consent, the center was closed on 01st February, 2011, and the defendant signed an Exit Paper Signature Not Verified Digitally Signed CS(COMM) 602/2018 Page 1 of 54 By:AMAN UNIYAL Signing Date:20.01.2025 15:31:26 (Agreement), agreeing to cease any use of the “IMS” trademark from that date onwards. 4. The plaintiff is aggrieved by the user of the IMS trademark by the defendant despite the said Exit Paper, which the plaintiff claims, is the intellectual property of the plaintiff and defendant has been illegally infringing the rights of the plaintiff in the said mark. Facts of the case 5. The facts, as canvassed by the plaintiff, are as follows: 5.1 The plaintiff, i.e., IMS Learning Resources Pvt. Ltd., popu