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2016 Supreme(Del) 1728

V.KAMESWAR RAO
Delhi Public School Society – Appellant
Versus
DPS World Foundation – Respondent


Advocates:
Advocate Appeared:
Mr. Sandeep Sethi, Sr. Adv. with Mr. Puneet Mittal, Mr. Bhuvan Gugnani, Ms. Vasudha Bajaj, Ms. Meghna Aggarwal, Advs.
Mr. Amit Sibal, Sr. Adv. with Mr. Abhishek Saket, Mr. Aadil Singh, Ms. Vijaya Singh and Mr. V. Singh, Advs.

JUDGMENT :

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, ass























































































































































































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