A Delhi court has dismissed a plea of DAV charitable educational society seeking mandatory injunction against infringement of its trademark by an institute run in Ranchi under the name of 'DAV Shiksha Deep'.
Additional district judge Anju Bajaj Chandna did not accept the contention of DAV College Managing Committee, which is the executive wing of Dayanand Anglo Vedic (DAV) College Trust and Management Society that by infringing its trademark 'DAV', DAV Shiksha Deep is misusing its goodwill.
"There is no material placed on record to show that any institution under the name and style of DAV Shiksha Deep is being run or exists at the given address. The DAV Committee has not placed on record any photograph or any record of educational department of district concerned to show that institution under the name of DAV Shiksha Deep is being run in this manner," the judge noted.
The court also said, "DAV College Committee has failed to place on record even a single documentary material to show that its acronym has been or is being infringed by the defendant in any manner."
It also noted that the DAV society has failed to specify the source from which it acquired the knowledge that its trademark is being infringed and the two of its office-bearers who deposed in the court admitted that they did not have any personal knowledge of the alleged infringement.
Despite service of notice, no one had appeared on behalf of the defendants and they were proceeded against exparte.
The DAV College Managing Committee, had moved the court seeking permanent and mandatory injunction against the institution in Ranchi.
