HC stops Career Launcher's competitor from using its trademark

Coaching centre Career Launcher has got an ex-parte order from the Delhi High Court restraining a competing institute from using its name or 'CL' trademark till the next date of hearing on December 19.
Justice G S Sistani said after perusing the plea by Career Launcher (CL) and the documents placed on record by it, the court was "satisfied" that it was "a fit case for grant of ex-parte ad-interim injunction".
"I have heard counsel for the plaintiff (Career Launcher) and also perused the plaint, application and the documents placed on record, and satisfied that it is a fit case for grant of ex-parte ad-interim injunction.

"Accordingly, till the next date of hearing, defendants, their Directors, Partners, proprietors, principal officers, servants, agents, or anyone acting under the defendants, directly or indirectly, are restrained from using trademark of plaintiff Career Launcher/CL and also restrained from using domain name of plaintiff www.Clclasses.In," the judge said.
The court also issued summons to the defendant coaching centre's owner, Byju Raveendran, and others involved in running the institute and listed the matter for further hearing on December 19.
CL, in its plea filed through advocate Pravin Anand, has alleged "trademark infringement, unfair competition, misrepresentation, commercial misappropriation and passing off" by the defendants who run test prep classes under the name of 'Byju's Classes'.

CL has further alleged that the defendants procured their trademark 'Career Launcher' as a key word on internet search engine Google's AdWord programme to seek "illegal gains from the plaintiff's reputation and goodwill and have attempted to lure unsuspecting students to their competing business".

It said that it was initially incorporated Career Launcher (India) Private Limited in the year 1996 and, thereafter, in the year 2000, it was converted into a public limited company and its name was changed to Career Launcher (India) Ltd. In the year 2011, it adopted its present name, 'CL Educate Ltd'.
Apart from having a mobile app, CL has also claimed to have considerable online presence through its various websites and has made considerable investments towards promotion and advertisement of its business and services under the trademark Career Launcher/CL.

It has also claimed that defendants were using the name 'CL classes', which is one of the websites of Career Launcher, "with a view to mislead the student class as a whole".
It has contended that Defendants are using the trademark CL on their website to divert business of the plaintiff and to mislead innocent students", which could lead to "irreparable loss" to it.