Delhi Public School Society granted injunction for the second time in a row over DPS logo
FACTS
In the present matter, the plaintiff filed the accompanying suit inter-alia for copyright and trademark infringement of ‘Delhi Public School’ and ‘DPS’ crest logo. The plaintiff adopted the marks in the years 1948 and 1996-97. The Plaintiff-Society conceived and adopted another crest logo comprising a torch on a book along with the school motto written inside a shield deice surrounded by creepers and the words ‘Delhi Public School’ written at the bottom with other distinctive artistic features. The plaintiff claimed that both the crests were original creative works, and the plaintiff was the first owner of the same under the provisions of the Copyright Act. The plaintiff society received information that Defendant 1 had been running a school under the name and style – ‘Delhi Public International School’ and ‘DPIS’ using the logo. Marks adopted by defendant 1 were deceptively similar to the plaintiff’s well-known registered trademarks.
ANALYSIS, LAW AND DECISION
Given the facts and circumstances of the case, High Court stated that it was evident that the defendants did not have any registration of the impugned marks. Defendant 1 was nevertheless claiming right over the trademark as a “permitted user.” Further, it was pertinent to note that Prima facie, adoption and registration of the impugned marks by Mr. Pal does not appear to be bona fide and instead appears to violate the decree passed against him.
In the present suit, the Plaintiff-Society seeks injunction against the purported “permitted users” who claim their right through Mr. Pal. Hence, the Hon’ble Bench found a prima facie case favoring the plaintiff since they were a prior adopter, user, registered proprietor, and owner of well-known trademarks ‘Delhi Public School ‘DPS’ since 1948. Adding to the above analysis, Court said that the impugned mark – ‘Delhi Public International School’/’DPS’ and the impugned logo, was deceptively similar to the mark of the plaintiff-society and was in breach/violation of the decree passed by this Court against Mr. Pal. Mr. Mittal contented that the defendant-school intentionally misrepresented itself to be in association with the plaintiff-society. Due to the prominence of ‘Delhi Public School’/ ‘DPS’ and the crest logo, the general public perceives the source of ‘Delhi Public School’ as an association of the plaintiff society and none-else.
Therefore, Court granted an interim injunction in favor of the plaintiff society.
Reference: Delhi Public School Society v/s Delhi Public International School & Ors CS(COMM) 322/2021
Author: Vishishta Mishra, student at UPES, Dehradun
Disclaimer: This brief is intended to provide general guidance to the subject matter. It does not contain legal advice. For any specific advice/corrections, write to [email protected]
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