Court Decrees Suit Under Order VIII Rule 10 CPC in Favor of Metis Eduventures Pvt. Ltd., Restrains Defendants from Using Deceptively Similar Marks and Trade Names After Failure to File Written Statement within Statutory Period
In a significant judgment dated October 5, 2026, the Delhi High Court, presided over by Justice Purushaindra Kumar Kaurav, granted a permanent injunction in favor of Metis Eduventures Private Limited India against Career Power Coaching Centre Private Limited and others, restraining them from using the educational mark "CAREER POWER" and the trade name "METIS EDUVANTURES," which the plaintiff claimed were deceptively similar to its own marks.
The case arose from Metis Eduventures' claim of common law rights in the unregistered mark "CAREER POWER" and its distinctive device mark, alongside the trading name "METIS EDUVENTURES PRIVATE LIMITED INDIA." The plaintiff, engaged in providing coaching and training services for competitive examinations across more than 70 branches in India since 2010, alleged that the defendants, after termination of their franchise and licensing agreements, continued unauthorized use of the mark and a deceptively similar trade name, leading to passing off, unfair competition, and copyright infringement.
Key aspects of the case include:
- - The plaintiff's franchise and brand licensing agreements with the defendants expired on March 31, 2021. Post-termination, the defendants allegedly continued using the "CAREER POWER" mark and rebranded under the confusingly similar name "METIS EDUVANTURES."
- - The defendants failed to file written statements within the statutory outer limit of 120 days from service, resulting in forfeiture of their right to contest the suit under Order VIII Rule 10 of the Code of Civil Procedure (CPC), applicable to commercial suits.
- - Defendants 1 and 3 had earlier consented to the decree, while defendants 2 and 4 were proceeded against ex parte due to non-appearance and non-filing of written statements.
- - The Court relied on established Supreme Court precedents, including SCG Contracts (India) (P) Ltd. v. K.S. Chamankar Infrastructure (P) Ltd., and Balraj Taneja v. Sunil Madan, emphasizing that judgment may be pronounced against defendants who fail to file written statements after the 120-day period, provided the plaint is verified, documents are deemed admitted, and no material fact requires proof.
- - The Court noted that no disputed fact remained for trial because the co-defendants who contested earlier had already suffered decrees, and the plaintiff's pleadings and documentary evidence were unimpeachable.
- - The Court permanently enjoined the defendants, their agents, and affiliates from using the impugned mark or any confusingly similar marks in relation to education, training, entertainment, sporting, and cultural activities.
- - The judgment also restrained defendants from using the trade name "METIS EDUVANTURES" or any deceptively similar name to the plaintiff's trade name, thereby protecting the plaintiff's goodwill and preventing unfair competition, dilution, tarnishment, and copyright infringement.
This ruling underscores the Delhi High Court's firm stance on protecting intellectual property rights in the education sector, particularly in franchise and licensing arrangements. It also highlights the procedural rigor expected in commercial litigation, enforcing the statutory timeline for filing written statements and enabling expedited disposal of suits through Order VIII Rule 10 CPC where defendants fail to contest.
Metis Eduventures Pvt. Ltd.'s legal team, led by Ms. Ekta Sarin and Ms. Sugandha Yadav, successfully argued the case based on common law rights, copyright, and procedural provisions, securing a decisive victory that safeguards their brand identity and market presence.
Bottom Line:
Commercial suit - Passing off and copyright - In absence of written statement within 120 days in commercial suit, right to file written statement stands forfeited - Court can decree suit under Order VIII Rule 10 CPC without ex parte evidence where plaint is verified, documents are deemed admitted and no disputed question of fact survives - Permanent injunction granted restraining use of deceptively similar educational mark "CAREER POWER" and trade name "METIS EDUVANTURES".
Statutory provision(s):
Civil Procedure Code, 1908 - Order VIII Rules 1, 5(2), 10; Order XXXIX Rules 1 and 2; Indian Evidence Act, 1872 - Section 58; Trade Marks Act, 1999 (common law passing off principles); Copyright Act, 1957 (copyright infringement)
