SC Restrains DPS World Foundation From Using Brand Name “Delhi Public School” Or ‘DPS’ [Read Order]
The Supreme Court on Tuesday restrained the DPS World Foundation from using the marks ‘DPS’ or ‘Delhi Public School’ or its logo.
The order was issued by a Bench comprising Justice Ranjan Gogoi, Justice R. Banumathi and Justice Navin Sinha on a Special Leave Petition filed by the Delhi Public School Society, challenging an order passed by the Division Bench of the Delhi High Court in April last year.
Through the impugned judgment, the Division Bench had upheld an order passed by a single Judge, restraining DPS World Foundation from using the mark ‘DPS’ or any other mark identical or deceptively similar to the registered mark of the Delhi Public School. The Court had, however, noted that the Single Judge had not granted an injunction against the mark, ‘Delhi Public School’, and hence, had left it open for the DPS World Foundation to use the same.
It had ordered, “It is also relevant to note that though there was a specific prayer in the application to grant injunction in respect of the trade mark/name ‘Delhi Public School', the same has not been granted by the learned Single Judge.
Therefore, may be it is open to the defendant No.1 to adopt the trade name/mark including the words 'Delhi' 'Public' 'School', however, the registered trade mark/name 'DPS' of the plaintiff cannot be used in any manner whatsoever.”
The Supreme Court, however, now took note of the fact that the words ‘Delhi Public School’ were registered during the pendency of proceedings before the Single Judge, and hence, ruled that the same cannot be used by the DPS World Foundation. It therefore opined that the Division Bench had erred in allowing the same, noting,
“Having regard to the fact that the mark/name/words ‘DPS’ is registered in favour of the petitioner in Class 42 of the Trade Marks Act, 1999 and the words ‘Delhi Public School’ has also been registered during the pendency of the proceedings before the learned Single Judge and the logo is also registered in class 42 of the Act, we are of the view that at this stage all that would be appropriate to be recorded in the present order is that the Division Bench of the High Court was not correct in permitting the defendants to use the words ‘Delhi Public School’.”
Thereafter, clarifying that its ruling is confined to grant of interim relief and would not affect the trial of the suit, it directed, “We accordingly restrain them from using the mark ‘DPS’ or ‘Delhi Public School’ or the logo. In other words, injunction as prayed in the suit under Order 39, Rule 1 and 2 of the Code of Civil Procedure is allowed.”Read the Order Here