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ARTICLE · 24 OCTOBER 2018

The Curious Case of 'Amity'

That case of the Plaintiff is that it started the chain of "AMITY INTERNATIONAL SCHOOL" and established its first school in the year 1991 in New Delhi and subsequently opened AMITY UNIVERSITY and AMITY LAW SCHOOL across various cities.

IndiaIntellectual Property

IN THE HIGH COURT OF DELHI

RITNAND BALVED EDUCATION FOUNDATION V. RANCHHOD M SHAH & ORS

CS (COMM) 236/2016

DATE OF DECISION: 16.10.2018

FACTS

That case of the Plaintiff is that it started the chain of "AMITY INTERNATIONAL SCHOOL" and established its first school in the year 1991 in New Delhi and subsequently opened AMITY UNIVERSITY and AMITY LAW SCHOOL across various cities. The Plaintiff also holds registration of its trademark under various classes of the Trade Marks Act, 1999 (the TM Act).

Further, that a trust named Gyanada Educational Trust ("GET") started "AMITY SCHOOL, Bharuch" as a lower primary school in 1986.

Whilst, the Gyanada Educational and Medical Trust ("GEMT") (in the present suit Defendant No. 5), has been using the mark "AMITY INTERNATIONAL SCHOOL" (in the present suit Defendant No. 6), for its school based in Gujarat.

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