Bombay High Court Grants Interim Injunction Restraining Former Licensee from Using Trademarks After Termination of Licence Agreement

Case Snapshot

Case Name: Zee Learn Limited v. Pragati Shiksha Shrot Trust

Citation / Neutral Citation: 2026:BHC-OS:19499

High Court: High Court of Judicature at Bombay

Bench: Hon'ble Mr. Justice Amit Borkar

Date of Judgment: 1st September, 2026

Area of Law: Arbitration Law, Trademark Law, Interim Relief under Section 9 of Arbitration and Conciliation Act, 1996

Judgment Headline

Former licensee restrained from using trademark pending arbitration; jurisdiction upheld at Mumbai seat.

The Judgment in One Line

Bombay High Court partly allows Section 9 petition, restrains Respondent from using Petitioner's trademarks and MLZS Program post-termination, while rejecting claims for monetary security and receiver.

Why This Judgment Matters

This judgment reinforces the principle that a terminated licensee cannot continue using the licensor's trademark merely because termination is disputed. It clarifies that the "place of arbitration" stated in the agreement constitutes the juridical seat, conferring exclusive jurisdiction on courts at that seat. The ruling also addresses the severability of defective arbitrator appointment clauses, holding that the arbitration agreement survives even if the appointment mechanism is flawed. It provides practical guidance on the scope of interim reliefs available under Section 9 of the Arbitration Act.

Background

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