Delhi High Court, in an interim order, has restrained DPS World Foundation from using the registered mark/name “DPS” or any other mark identical or deceptively similar to the registered mark of the plaintiff Delhi Public School, amounting to infringement and passing off the plaintiff’s registered trademark till the disposal of this suit.
Delhi Public School had filed an application in Delhi High Court praying for restraining the DPS world foundation from using the mark “DPS”.
The Court observed that It is a matter of record, in terms of the various judgments/orders passed with regard to the mark/name "DPS", this Court has held that, schools established by the plaintiff society, are known as Delhi Public Schools and are popular by the branch names and the public at large and students, staff refers to the same as “DPS”.
The court further observed “On a prima facie view, based on the documents, orders, this Court is of the view that, the plaintiff has made out a case for interim relief with regard to the usage of the trademark “DPS‟. Further, the balance of convenience is also in favour of the plaintiff.”
Read the order here.