Science Olympiad Foundation vs Shivalik Olympiad Foundation
2015 Latest Caselaw 6438 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

%                               Order delivered on: August 31, 2015

+                         CS(OS) No. 2590/2015

        SCIENCE OLYMPIAD FOUNDATION           ..... Plaintiff
                    Through Ms.Pratibha M.Singh, Sr. Adv.
                             with Mr.Gajendra Maheshwari,
                             Mr.Ankit Prakash,Ms.Shreya
                             Sethi, Ms.Swati Thapa &
                             Mr.Suhasni Raina,Advs.

                          versus

        SHIVALIK OLYMPIAD FOUNDATION                     ..... Defendant
                     Through None.

        CORAM:
        HON'BLE MR.JUSTICE MANMOHAN SINGH

MANMOHAN SINGH, J. (Oral)

I.A. No.18073/2015 (exemption) Exemption allowed, subject to just exceptions. The application is disposed of.

CS(OS) No.2590/2015 Let the plaint be registered as a suit.

Issue summons to the defendant, on filing of process fee and Regd. A.D. Covers within one week, returnable on 14th October, 2015.

I.A. No.18072/2015 (u/o XXXIX R.1 & 2 CPC)

1. Notice for the date fixed.

2. The plaintiff has filed the present suit for permanent injunction restraining infringement of trademark, passing off, damages, rendition of accounts of profits, delivery up, etc. against the defendant.

3. The plaintiff is one of the organizers/conductors of Olympiad Exams in Asia established in the year 2000. The plaintiff strives to promote scientific aptitude through innovative activities and use of Information Technology in learning process that involves school students across the country. The plaintiff conducts the exams in over 1,200 cities across 19 countries and approximately 31,500 schools enroll for these Olympiad Exams. This gives around 3.3 million students an opportunity to participate in these exams.

4. It is claimed that the plaintiff adopted the trademark and trade name "SOF" in respect of the services offered and activities in the year 2000 and have been promoting the same ever since. It is further stated that the trademark SOF was re-designed in the year 2009.

5. The distinctive representation of the mark draws its basis from the corporate name of the plaintiff, on top of which is the abbreviated form of the corporate name. The said representation since its inception has not only formed an integral part of the plaintiff's corporate identity but also forms a dominant part of the plaintiff's trademark.

6. It is averred in the plaint that as a registered Not-For-Profit Organization the plaintiff aims at popularizing Computer, Science, Mathematics and English education amongst school children in India and other places like Singapore, Oman, Qatar, Nepal, U.A.E, Saudi Arabia, Turkey, Yemen, Bhutan, Kuwait, Japan and Malaysia. Every year, the plaintiff organizes/conducts in each of these places four Olympiads, namely the National Cyber Olympiad (NCO), National Science Olympiad (NSO), the International Mathematics Olympiad (IMO) and the International English Olympiad (IEO). Rather getting registered as individuals, the plaintiff encourages the participants to register through their schools.

7. The groundwork behind the operation of the plaintiff is essential to highlight. The Science Olympiad Foundation registers schools from across India and countries abroad and encourages student participation in the Olympiad exams. Prospectus is sent to thousands of schools with detailed schedule of exams and guidelines for appearing in the Olympiads. Question papers for each class and subject are prepared by teams of subject matter experts based on over 30 school boards. Papers are scientifically designed to test the academic knowledge and aptitude of students and encompass not only theoretical knowledge but also understanding of students. Papers are sent to all schools to enable students appear in the Olympiads as per schedule. Papers are assessed and each participating student is provided her/his score in the exam. An analysis of the student's strong and weak area is also provided to the student to enable her/him work towards improving weak areas and

acquire improved knowledge/concepts. Each student is provided her/ his rank in school and also a comparative performance analysis/ ranking with lacs of other students in the city, state and at the national level.

8. It is alleged that apart from the Olympiad activities, the plaintiff also conducts seminars, workshops, and teacher training programmes in the state capitals of the Country.

9. The first such seminar cum workshop for science teachers was conducted at St. Columba's School, New Delhi, which was attended by 160 science teachers from 46 schools in Delhi and 13 resource persons of eminence and erudition were drawn from IIT Delhi, IIT Kanpur and Delhi University who freely and generously shared their teaching skill, expertise and knowledge with the participants. Hence conducting workshops, interactive seminars and Olympiads, publication of informative, non-curriculum study material for school children are currently an essential part of the plaintiff's portfolio.

10. It is stated in the plaint that since its inception the plaintiff is today successfully running its educational programs along with some of the well-known and well established institutes such as MTG learning Media; British Council and BBC knowledge. The said factum is corroborated from the voluntary support which highly reputed organizations like WIPRO, LG, Reliance, Aakash Institute, Vidyalankar Dnyanpeeth Trust, Resonance and MTG Learning Media have extended.

11. It is alleged that in view of its persistent and unparalleled efforts in the preceding decade towards promotion of education, the Limca

Book of Records in the year 2011 conferred a National Record to the plaintiff for setting a record owing to the largest number of student participation in the Science, Computer and Maths Olympiad. Such award not only reflects the perseverance and hard work of the plaintiff in promoting the educational activities but at the same time also signifies the acknowledgment of its dedication and association with the education fraternity.

12. The activities of the plaintiff has been widely covered by the media through news channels such as Aaj Tak;- News 9TV; VTV, Ahmedabad; OTV, Odisha; Gujarat News; Kanak TV Odisha; New ETV, Odisha as well as by renowned newspapers having high circulation in the respective states.

13. The plaintiff is the registered proprietors of the following trademarks, the details of which has been reproduced herein below:

14. The trademarks applied vide Application Nos. 1894548, 1894550 and 1894567 were registered on 28th November, 2011 and vide Application No. 1894566 was registered on 18th January, 2014

and various other pending applications, details of which are provided in para 26 of the plaint.

15. The plaintiff's SOF formative trademarks enjoy immense goodwill which as such is directly attributable to the plaintiff only and the use of any of the said trademarks by any person/entity without express and explicit permission from the plaintiff shall amount to infringement of the insurmountable intellectual property rights of the plaintiff.

16. The plaintiff is also the proprietor of the domain name comprising of the SOF formative trademarks viz. www.sofworld.org. The plaintiff's website is visited by many people from across the globe, including in India, who have become acquainted with the plaintiff's activities, which further contribute to the reputation and novelty of the SOF formative trademarks.

17. The defendant as published on its website www.sofworld.co.in, is purportedly a registered not-for-profit organization which is engaged in conducting Olympiad Exams under name and style of "Shivalik Olympiad Foundation" and/or "SOF" (hereinafter referred to as the "impugned mark") which is identical to the plaintiff's house mark "SOF" and deceptively similar to the other SOF formative trademarks of the plaintiff who for the first time became aware of the activities and existence of the defendant on 7th August, 2015 when one of the schools, which is a member of the plaintiff and participates in the Olympiad Exams conducted by the plaintiff, addressed an email thereby intimating the plaintiff of having received an email from the defendant. While addressing the email dated 7th August, 2015,

wherein the email received from the defendant was also copied, the concerned personnel from the school enquired from the plaintiff if the defendant is a part of the plaintiff or a sister concern. Bemused upon receiving such an email, the plaintiff upon general enquiry learned that the defendant is also engaged in conducting Olympiad Exams and while doing so represents itself as SOF.

18. It is submitted by the learned Senior counsel that defendant is not only conducting Olympiad Exams but is doing so by adopting mark which is identical to the plaintiff's house mark "SOF" and deceptively similar to the other SOF formative trademarks of the plaintiff. It is further stated that the defendant besides having adopted a mark which is deceptively similar to the trademark and trade name of the plaintiff has also adopted the entire methodology, which the plaintiff developed over several years, for conducting the exams, the syllables for such examinations and the format of other Olympiad exams which are conducted by the plaintiff. The defendant also got registered the domain name viz. www.sofworld.co.in which is also identical to the domain name of the plaintiff i.e.www.sofworld.org.

19. Thus, it is evident that the defendant's functioning is to give an impression that the defendant is a part of the plaintiff and the Olympiad Exams conducted by the defendant are done under the aegis of the plaintiff. The defendant has also got registered the identical domain names such that unwary people is likely to visit the website of the defendant and considers the same to be that of the plaintiff. The said conduct of the defendant is prima facie malafide in order to ride upon the goodwill of the plaintiff and at the same time

the defendant is infringing the mark SOF formative trademarks of the plaintiff.

20. A comparison has been made herein below in order to show that the impugned mark is similar to the SOF formative trademarks of the plaintiff:

                 Impugned Mark                Plaintiff's Mark


                      SOF                          SOF

(Shivalik Olympiad Foundation) (Science Olympiad Foundation)

www.sofworld.co.in www.sofworld.org

21. The defendant has not only adopted the trademark and trade- name of the plaintiff but also has adopted the manner of conducting the Olympiad Exams and the syllabus for such exams. Furthermore , the defendant also represents to undertake other Olympiad Exams for instance National Science Olympiad (NSO) and International Mathematics Olympiad (IMO), such Olympiad Exams are also being conducted by the plaintiff with the identical acronyms and for which, the plaintiff has already filed application with the Trademark Registry and therefore has priority of use. Besides infringement of trademarks of the plaintiff, such conduct of the defendant is likely to cause deception in the minds of the general public that the impugned mark is a part of the plaintiff.

22. The plaintiff under these circumstances has made a strong prime facie case for grant of an ad-interim order. The balance of convenience also lies in favour of the plaintiff and against the defendant. In case the interim orders are not passed the plaintiff would suffer an irreparable loss and injury. Thus, till the next date the defendant, their proprietors, partners or directors, as the case may be, its principal officers, servants and agents and all others acting for and on behalf of the defendant are restrained from advertising and directly or indirectly dealing in any services or businesses whatsoever under the impugned mark and/or under the trademark, trade name or company name SOF, or under any other mark or name as may be identical to or deceptively similar with the plaintiff's trademark and trade name in any manner, including use of SOF on or in relation to its corporate name or for any other purpose, including use as part of a domain name, printed material in any form including brochures, pamphlets, hoarding etc. text on any website, in meta-data, purchased keywords, or by any other means by which Internet websites or content might be found or indexed through use of a search engine or otherwise, amounting to infringement of the plaintiff's registered trademarks. The defendant is also restrained from advertising, and directly or indirectly dealing in any services or businesses whatsoever, under the trademark, trade name or company name "SOF", "Science Olympiad Foundation", "National Science Olympiad (NSO)" and "International Mathematics Olympiad (IMO)".

23. Compliance of Order XXXIX Rule 3 CPC be made within two week.

(MANMOHAN SINGH) JUDGE AUGUST 31, 2015