JUDGMENT

Prathiba M. Singh, J. (Oral) - This hearing has been done through hybrid mode.

2. The present suit has been filed by the Plaintiff-Delhi Public School Society seeking permanent injunction restraining misuse of the Plaintiff's name-DELHI PUBLIC SCHOOL, mark-DPS as also the accompanying logos which are extracted below:

Together, these marks are referred to collectively as `DPS marks'.

3. The suit has been filed against Defendant No.1-M/s Aviral Education Welfare and Cultural Society (`AEWCS') which is running the Defendant No.2 School-Delhi Public School in Sahibabad-Loni Road, Indraprastha Yojna, Teela Shahbazpur, Bhopura-Loni Road, Sahibabad, Ghaziabad201102, Uttar Pradesh.

4. The case of the Plaintiff is that the first school was established in 1949 under the name Delhi Public School. The Plaintiff's Delhi Public School, R.K. Puram was established in 1972 and the Plaintiff has more than 200 affiliated schools across the country. There are 10 schools which have been established outside India by the Plaintiff.

5. Considering these facts, the Plaintiff claims enormous goodwill and reputation in the mark and the name. The Plaintiff also claims rights in all the DPS marks. Both the