- 1 - HC-KAR NC: 2025:KHC:29541-DB COMAP No. 250 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI COMMERCIAL APPEAL NO. 250 OF 2025 BETWEEN: 1. TEACHER TOOLS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013 REPRESENTED BY ITS CHIEF OPERATING OFFICER HAVING ITS REGISTERED OFFICE AT NO. 590, 2ND FLOOR, PHOENIX PRIMUS, 1ST CROSS ROAD, 12TH MAIN, HAL II STAGE, INDIRANAGAR, BANGALORE 560038 …APPELLANT (BY SRI. DHYAN CHINNAPPA,SENIOR ADVOCATE A/W SRI. SRINIVAS K.B.S., ADVOCATE) AND: 1. ANKUR AGARWAL MAJOR BY AGE, P-219, CIT ROAD, SCHEME VII M, KOLKATA 700054, WEST BENGAL 2. EDUCATORS' LABS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT 2013 THROUGH ITS DIRECTOR MR ANKUR AGARWAL, MAJOR BY AGE, HAVING ITS REGISTERED OFFICE AT Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29541-DB COMAP No. 250 of 2025 P-219, CIT ROAD, SCHEME VII M KOLKATA - 700054, WEST BENGAL 3. ARTHSHAALA PRE SCHOOL ARTH EARLY LEARNING SPACES, THROUGH ITS FOUNDER AND DIRECTOR MR ANKUR AGARWAL, MAJOR BY AGE, P -219 CIT ROAD SCHEME VII M KOLKATA- 700054 WEST BENGAL 4. MANAV KEDIA P-219 CIT ROAD, SCHEME VII M KOLKATA - 700054 WEST BENGAL …RESPONDENTS (BY SRI. UDAYA HOLLA, SENIOR ADVOCATE FOR SRI. VIVEK HOLLA, ADVOCATE FOR C / RESPONDENT No.1) THIS COMAP IS FILED UNDER SECTION 13 (1)(a) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING TO ALLOW THIS COMMERCIAL APPEAL AND SET ASIDE THE ORDER DATED 22 MARCH 2025 PASSED BY THE LD. LXXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (COMMERCIAL COURT) BENGALURU, IN IA NO.2 OF 2025 IN COM.OS NO.49/2025 WHICH IS PRODUCED AT ANNEXURE - B AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:29541-DB COMAP No. 250 of 2025 CORAM: HON'BLE MR. VIBHU BAKHRU ,CHIEF JUSTICE AND HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU,CHIEF JUSTICE) 1. The appellant has filed the present appeal impugning an order dated 22.03.2025 passed by the learned Commercial Court [LXXXIV Addl. City Civil & Sessions Judge, Bengaluru] in IA No. 2 of 2025 in Com.O.S.No. 49 of 2025 [impugned order]. In terms of the impugned order, the learned Commercial Court had dismissed the appellant's application for interim relief. 2. A plain reading of the impugned order indicates that the appellant, inter alia, alleges violation of the intellectual property rights - infringement of the registered trademark [TODDLE], as well as copyright in software. 3. It is also the appellant's grievance that the respondent had set up a deceptively similar website called 'myedlab.com'. The appellant alleges that the respondent subscribed to the appellant’s website. And, misused the access by providing the same to software developers and other technicians to copy the front end of - 4 - HC-KAR NC: 2025:KHC:29541-DB COMAP No. 250 of 2025 the website, as well as certain functional features. The appellant alleges that on the basis of the appellant’s website and functional features, respondent set up its website 'myedlab.com'. 4. Indisputably, the onus to establish its case of infringement of copyright and various allegations made in the plaint, rests with the appellant. 5. Insofar as the use of the trademark [TODDLE] is concerned, Mr. Holla, the learned Senior Counsel appearing for the respondent states that the respondent will not use the said mark as a part of its trademark, or use any other trade name or trademark which is deceptively similar or which incorporates the word 'toddle'. The respondent is bound by this statement. 6. Insofar as the website 'myedlab.com' is concerned, it is common ground that the said website is no longer operative. The appellant states that the respondent has started another website called 'Agastya AI'. In this view, no interim order is required to be passed in respect of the website 'myedlab.com'. However, the appellant is at liberty to agitate its prayer for interim relief regarding - 5 - HC-KAR NC: 2025:KHC:29541-DB COMAP No. 250 of 2025 'myedlab.com', in the event the said website is revitalized or re- operated. 7. Mr. Dhyan Chinnappa, learned Senior Counsel appearing for the appellant submits that in view of this order, no further relief is pressed at this stage. 8. However, we consider it apposite to direct that the findings in the impugned order will not be considered as final and binding. The order impugned is an interim order and therefore, none of the findings or observations made by the learned Commercial Court shall influence the final determination of the subject disputes. 9. The appeal is disposed of with the aforesaid observations. 10. The pending application I.A.No.1/2025 seeking ad-interim injunction also stands disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE KS List No.: 1 Sl No.: 25