Authority: High Court of Judicature at Bombay, Commercial Division

Order Date: 10 September 2026

Case Overview

  • Petitioner: Zee Learn Limited, an education company incorporated under the Companies Act, 1956, owner of the trademarks "MOUNT LITERA" and "MOUNT LITERA ZEE SCHOOL".
  • Respondent: Sangam Lok Kalyan Shiksha Samiti, an Educational Society operating a school in Rewa, Madhya Pradesh.
  • Agreements: Academic Alliance Agreement, Intellectual Property Rights Agreement, and a Memorandum of Understanding dated 12 November 2014, granting the Respondent a limited, non‑transferable licence to run the Mount Litera Zee School (MLZS) Programme using the Petitioner's trademarks.
  • Alleged Breach: Respondent failed to pay the Alliance Fee for Academic Years 2020‑21 and 2021‑22, amounting to Rs 8,46,357, leading to termination of the licence under Clause 14.9.
  • Unauthorized Use: Photographs submitted by the Petitioner show continued use of the trademarks, trade name, logo and brand by the Respondent after termination.
  • Procedural Note: Respondent was served with the petition but did not appear before the Court.

Findings

1. The Court examined the petitioner's materials, including the agreements, fee arrears, termination clause, and photographs of alleged continued use.

2. Since the licence was contractually limited, its termination extinguishes any right to use the trademarks; the Respondent offered no evidence of a subsisting right.

3. The Court considered the risk of public confusion among students, parents and the general public if the Respondent continued to use the marks.

4. A prima facie case for protecting the Petitioner's intellectual property was established; the balance of convenience favours the Petitioner.

5. The monetary claim of Rs 8,46,357 is to be decided by the arbitrator; the Court need not adjudicate the full financial dispute at this stage.

6. The request for a receiver, escrow account and bank guarantee (prayer clauses d‑f) was deemed unnecessary for protecting the trademark and therefore rejected.

Relief Granted

  • Prayer clause (a): Interim injunction restraining the Respondent, its trustees, directors, shareholders, agents, affiliates, licensees, etc., from providing, offering or advertising educational services under the trademarks "MOUNT LITERA", "MOUNT LITERA ZEE SCHOOL", "MLZS/MUZS" or any deceptively similar mark that suggests association with the Petitioner.
  • Prayer clause (b): Restraint on the Respondent and its representatives from using any name, representation, device, material or other indicia that creates the impression of an existing affiliation or connection with the Petitioner, unless expressly authorised in writing.
  • Prayer clause (c): Order directing the Respondent to make discovery of, and preserve, all documents and information in its possession relating to the use of the Petitioner's trademarks, trade name, logo, brand or any related transactions.
  • Prayer clauses (d), (e), (f): Requests for appointment of a Receiver, opening of an Escrow Account, and furnishing of a Bank Guarantee of Rs 8,46,357 were rejected.

Final Outcome

  • The petition is partly allowed. The interim injunction and discovery/preservation directions are granted, subject to the limitations stated. All other monetary and management reliefs are denied pending arbitration.

Topics: Trademark Infringement, Education Sector