P. Sathasivam, J. - (1.) The petitioners in Transfer Petition (Civil) Nos. 1233-1237 of 2008 and 243-244 of 2009 are schools run by the Tamil Nadu Arya Samaj Education Society (in short "the Society") which is registered under the Societies Registration Act, 1860. According to the petitioners, the Society was registered on 02.01.1975 and has been running and managing schools for the last more than 30 years. The schools are being run under a specific system of education propounded by "Swami Dayanand Saraswati" known as "Dayanand Anglo Vedic" system (in short "DAV"). The petitioners have been using the expression "DAV" with its schools for the last more than 30 years. The respondent-Committee is running about 700 educational institutions. On 16.01.2005, the respondent- Committee has obtained a trademark registration in respect of the letters "DAV" and "Dayanand Anglo Vedic" under Class 41 which is a service mark. On 04.08.2008, the respondent-Committee issued a notice to the petitioners of "cease and desist", namely, the petitioners should not use the words "DAV" for its schools. On 25.08.2008, the petitioners through their advocate replied to the said notice informing that the schools are being run by the Society for the last 38 years with the words "DAV". The respondent-Committee filed four suits under Section 134 of the Trade Marks Act, 1999 before the District Court, Tis Hazari, Delhi against various schools run by the Society at Chennai individually without making the Society as a party.
(2.) Transfer Petition (Civil) No. 667 of 2009 is filed by another petitioner from Chennai alleging that it is running and managing a school using the expression "DAV" for more than 24 years. It also raised similar plea seeking transfer of Suit No. 417 of 2008 titled DAV College Managing Committee v. Dayanand Anglo Vedic School pending in Tis Hazari Court, Delhi to the original side jurisdiction of the High Court of Madras.
(3.) Opposing the transfer petitions, the respondent- Committee which has filed suits at Delhi has highlighted that it is a duly registered society with the Registrar of Societies under the Societies Registration Act, XXI of 1860. Dayanand Anglo Vedic College Trust and Management Society is a charitable Educational Society founded by a few good people and followers of His Holiness Swami Dayanand Saraswati to spread his teachings and Principals of Arya Samaj including Mahatma Hasraj and Master Sewaram. At present, they are managing about 700 educational institutions throughout India. The defendant which is a school situated in Chennai in the State of Tamil Nadu without the consent and approval of the plaintiff dishonestly and with mala fide intention to earn goodwill and reputation of the plaintiff-society, started running an educational institution under the name and style DAV by infringing the registered trade mark and passing off the copy right of the plaintiff-society by using its acronym DAV in the similar/deceptively similar manner as of the plaintiff.;