HC restrains DPS World Foundation from using name 'DPS'

The Delhi High Court on Monday restrained DPS World Foundation from using the trade name "DPS" in its operation as it is a registered trademark of Delhi Public School Society.

However, the court allowed the foundation, formed by a group of Delhi Public School alumni, to adopt the words 'Delhi' 'Public' and 'School' in its trademark.

A division bench of Chief Justice G. Rohini and Justice Sangita Dhingra Sehgal refused to interfere with an earlier order of a single-judge bench that had restrained DPS World Foundation from using "DPS" in its operation terming it as infringing on the registered trademark of the Delhi Public School Society.

DPS World Foundation is headed by Louise Khurshid, wife of former External Affairs Minister and former DPS Society President Salman Khurshid.

The bench, in its order, said that for the trade mark 'Delhi Public School', no registration has been granted to the DPS Society till date.

"...it contains separate words 'Delhi' 'Public' 'School' in respect of which the plaintiff (DPS Society) cannot seek exclusive rights for passing off purposes," the order stated.

"Therefore, may be it is open to the defendant No.1 (DPS World Foundation) 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," it added.

DPS Society, registered in 1948-49, has 11 core schools and more than 170 affiliated schools across India. It has also established 15 schools outside India and approximately three lakh students are studying in the schools run under the aegis of the society.

The society had moved a trademark infringement suit in the High Court in 2015 arguing that DPS World Foundation had launched schools using its name and a deceptively similar logo.

The society had argued that public was being misled that DPS World Foundation had a connection or even a nexus with Delhi Public School.

It had contended that the trade mark infringement caused an "irreparable loss, injury and damage" to its business, goodwill and reputation.