The Delhi High Court restrained today an educational institution from using ‘DPS’ as trademark of Delhi Public School. A bench of Chief Justice G Rohini and Justice Sangita Dhingara Sehgal , however, said that since the name ‘Delhi Public School’ is not registered as trademark, that can be used by DPS World Foundation, whose founding trustees included Khursid. The order came on a plea by DPS World against a single judge’s order restraining them from using the DPS trademark and its crests. Declining to interfere with the single judge’s order, the bench said, “May be its open to the defendant to adopt the trademark including the word Delhi Public School, however registered trademark name DPS of the plaintiff cannot be used in any manner.”
Issue with the use of ‘DPS’
The bench agreed with the foundation’s contention that ‘Delhi public school’ it contains separate words in respect of which DPS cannot seek exclusive rights for passing off. It is also noted that even the single judge had not granted an injunction restraining the foundation from using the name ‘Delhi Public School’. The order by the division bench came on plea by DPS World Foundation, which had challenged the single judge’s interim order restraining the foundation school floated by a group of DPS alumni from using the word DPS ,saying it would amount to trademark infringement of DPS Society.
The single judge order had come on a suit filed by DPS Society against the use of words “DPS World” by the foundation, claiming that the defendants had misappropriated the name and distinctive crest with a firelight held in a hand inside a shield, which had been use by DPS school. The suit filed in 2015, had stated that the foundation was opening schools using the name DPS World School, which amounted to infringement of society’s copyright.
The single bench judge had barred the trustees, members, franchisees, officers, employees, agents, delegates, representative, associate, and all other acting for DPS World Foundation from using or dealing in manner with DPS name or crest till disposal of suit.