Young Achievers Vs. IMS Learning Resources Pvt. Ltd.

The Division Bench of the Delhi High Court recently declined to grant interim relief to Young Achievers (“Appellant”) in an appeal challenging the judgment passed by the Ld. Single Judge in IMS Learning Resources Private Limited vs. Young Achievers [CS(COMM) 602/2018] (“Impugned Judgment”).

In the Impugned Judgment, the Ld. Single Judge had restrained the Appellant from using the trademarks “IMS/IMS Device” (“Impugned Marks”), holding it to be deceptively similar to the registered ‘IMS Device Mark’ of IMS Learning Resources Private Limited (“Respondent”). Additionally, the Ld. Single Judge awarded INR 30 lakh damages and costs to be paid by the Appellant.

The Appellant argued that the damages awarded should not exceed the profits earned by them and contended that only nominal damages should have been awarded. In this regard, Appellant relied upon an email sent to the Respondent which stated profits earned by them. The Appellant also contended that the damages ought to be reduced since they had ceased use of the Impugned Marksupon passing of the ad interim injunction against them. The Appellant furtherasserted that the Respondent does not hold a registration for the word mark “IMS” but only for a device mark.

Upon examining the Appellant’s submissions, the Court refused to stay the decree of permanent injunction granted by Ld. Single Judge. The Court held that the Appellant’s contention as to cessation of use of the Impugned Mark could only be considered only if, upon learning of the Respondent’s trademark registration, Appellant ceased the use of the Impugned Marks.

However, the court after considering the Appellant’s email sent to the Respondent, adjusted the recoverable amount to INR 22.5 lakh, aligning it with actual figures admitted by the Appellant in that email.

Young Achievers v. IMS Learning Resources Private Limited [RFA(OS)(COMM) 7/2025]

Click here to read the judgement copy