The Delhi High Court has issued a permanent injunction against an individual, Mr. Vinay Kumar Singh, restraining him from utilizing the trademark 'Whitehat SR' or any other name that closely resembles the registered mark 'WhiteHat Jr.' This ruling comes in response to a lawsuit filed by Whitehat Education Technology Private Limited, an edu-tech startup known for teaching coding to children through its online platform.
The court's decision, delivered by Justice Prathiba M Singh, asserts the substantial reputation garnered by the registered trademark 'WHITEHAT JR' due to its extensive and rapid usage. The lawsuit detailed that Vinay Kumar Singh had begun utilizing the 'WHITEHAT SR' mark, with a logo resembling the upward-launching rocket featured in WhiteHat Jr's logo. This structural resemblance led to the presumption of a deliberate attempt to confuse and deceive customers.
Brief Facts:
The suit highlighted that WhiteHat Jr., an online coding tutoring platform, had secured registrations for its 'WHITEHAT JR' trademark in various classes. The platform provides coding lessons to children through live interactive online classes, offering a flexible and engaging approach to learning. Additionally, it promotes practical coding skills by encouraging children to develop their apps, games, and animations.
Founded in 2018, WhiteHat Jr. gained significant traction in the ed-tech sector, which culminated in its acquisition by 'Think & Learn Pvt. Ltd.' in August 2020 for a substantial amount. Under the ownership of 'Think & Learn Pvt. Ltd.', which operates under the popular online platform Byju's, WhiteHat Jr. expanded its offerings to include classes in diverse subjects such as music, art, animation, and video.
Observations by the Court:
The court's judgment elucidated that the Defendant, Vinay Kumar Singh, had adopted the 'WHITEHAT SR' mark and logo on his website www.whitehatsr.in. This prompted WhiteHat Jr. to issue legal notices in October 2022, demanding cessation of the unauthorized use of the mark. Despite repeated reminders, Singh did not comply and finally responded in October 2022, maintaining that his mark was distinct and not in violation of WhiteHat Jr.'s trademarks.
The High Court's ruling, delivered on December 12, 2022, granted an ex parte ad interim injunction, preventing the Defendant from using the contested mark. Subsequent to this order, the Defendant remained non-responsive to court proceedings. Singh, in an email communication dated December 13, 2022, acknowledged the misuse of the mark and expressed remorse for the infringement.
Given the Defendant's acknowledgement and the lack of contestation, WhiteHat Jr. sought summary judgment under Order XIII-A of the Civil Procedure Code (CPC) for a permanent injunction. The Court deemed this a suitable case for summary judgment, considering the Defendant's stance and the evident similarity between the marks.
Justice Prathiba M Singh granted a permanent injunction, prohibiting Vinay Kumar Singh from using the 'WHITEHAT SR' mark or any deceptively similar variant on physical or online platforms. The Court also directed the domain provider Godaddy.com to transfer the domain name www.whitehatsr.in to WhiteHat Jr. upon payment of necessary charges.
The decision of the Court:
Furthermore, the Court awarded actual costs amounting to Rs. 9,24,000/- to WhiteHat Jr. as a measure to curb frivolous litigation and safeguard the interests of the prevailing party.
Case Name: Whitehat Education Technology Private Limited vs. Vinay Kumar Singh
Coram: Hon’ble Mrs. Justice Prathiba M Singh
Case No.: CS(COMM) 856/2022
Advocates of the Plaintiff: Mr. Prithvi Singh, Mr. Rohan Seth, Ms. Archita Nigam, Advs.
Advocates of the Defendant: None
Read Judgment @LatestLaws.com
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