V. Kameswar Rao, J.

IA 2920/2016

1. By this order, I shall decide IA 2920/2016, which is an application under Order XXXIX Rule 1 & 2 CPC, 1908 wherein the plaintiff has sought the following reliefs:

“a) pass an ex-parte ad-interim injunction against the defendants and in favour of the plaintiff, restraining the defendants, their life trustees, term trustees, advisories, members, franchisees, officers, employees, servants, agents, delegates, representatives, assignees, associates and all others acting for and on their behalf from offering their services, advertising, offering franchisees, selling goods and stationary, adopting, using and/or dealing in any manner with the registered trade mark/name 'DPS' and logo of the plaintiff or any other trade mark identical or deceptively similar to the registered trade marks of the plaintiff amounting to infringement and passing off the plaintiffs registered trade marks;

b) pass an ex-parte ad-interim injunction against defendants and in favour of the plaintiff restraining the defendants, their life trustees, term trustees, advisories, members, franchisees, officers, employees, servants, agents, delegates, representatives, assignees, associates and all others acting for and on their behalf from offering services, advertising, offering franchisees, selling goods, adopting, using and/or dealing in any manner with the trade mark/name 'DELHI PUBLIC SCHOOL' and the crest logo of the plaintiff or any other trade mark identical or deceptively similar to it amounting to passing off the plaintiffs trade mark/name;

c) pass an ex-parte ad-interim injunction in favor of plaintiff and against the defendants, restraining the defendants, their trustees, members, franchises as the case may be and their officers, servants, agents, delegates, representatives, assigns, associates and all others acting for and on their behalf from using the impugned trade mark trade mark/name 'DPS', 'DELHI PUBLIC SCHOOL' and

d) pass an ex-parte ad-interim injunction in favor of plaintiff and against the defendants, restraining the defendants, their trustees, members, franchises as the case may be and their officers, servants, agents, delegates, representatives, assigns, associates and all others acting for and on their behalf from directly or indirectly reproducing, using and/or dealing in any manner with the plaintiffs crest and or any other crest identical or deceptively similar amounting to infringement of the plaintiffs copyright in the said crests;

e) directed the Telecom Regulatory Authority of India, Mahanagar Doorsanchar Bhawan (next to Zakir Hussain College) Jawaharlal Nehru Marg, New Delhi-110002 to shut down the websites www.dpsworldfoundation.com and e-mail address operated by the defendants; and

f) pass such further or other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.”

Facts and submissions on behalf of the Plaintiff

2. It is noted and as contended by Mr. Sandeep Sethi, learned senior counsel for the plaintiff that the plaintiff society was registered under the Societies Registration Act, 1860 in the year 1948-49 as Delhi Public School with its registered office at F-Block, East of Kailash, New Delhi. In the year 1962 the name of the Society was changed to Delhi Public School Society. The defendant No. 2 was a life member of the Society till October 17, 2015, when he was removed from the membership. Between the period 1994-2004, the defendant No. 2 was the president of the Society. In the year 1948 the plaintiff first conceived and adopted the distinctive crest of the school at (1) of Annexure-A to this judgment, which comprises of a hand holding a torch (mashaal) along with the school motto 'Service Before Self” and the words 'Delhi Public School” written inside a shield device with other distinctive artistic features comprised therein. The said crest is registered under different classes including class 41, relating to education. The registration was in the