Trademark infringement and permanent injunction granted after defendants undertook to shut down the school and stop using the impugned marks.

A trademark infringement suit concerned use of the plaintiff's marks and deceptively similar marks for a school. The defendants filed an affidavit undertaking that the school had been permanently shut down, admissions would not be invited for the next academic session, the website had been deleted, and they would comply with the earlier injunction and hand over documents bearing the impugned marks. On that basis, the court proceeded and decreed the suit by granting a permanent injunction restraining the defendants and persons acting on their behalf from running the school under the plaintiff's trademarks or any deceptively similar mark, or from representing any association with the plaintiff.

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Issues: Whether the suit for permanent injunction against use of the plaintiff's trademarks and deceptively similar marks was liable to be decreed in light of the defendants' undertaking to shut down the school and discontinue use of the impugned marks.

Analysis: The defendants placed on record an affidavit of undertaking stating that the school had been permanently shut down, admissions for the next academic session had not been invited, the website had been deleted, and the defendants would abide by the earlier injunction and hand over documents bearing the impugned marks. The Court proceeded on the basis of this undertaking and the defendants' stated willingness to suffer a permanent injunction.

Conclusion: The suit was decreed by granting a permanent injunction restraining the defendants and persons acting on their behalf from running a school using the plaintiff's trademarks and logos or any deceptively similar mark, and from representing any association with the plaintiff.

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