Delhi Public School Society vs Delhi Public International School

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
SANJEEV NARULA
Delhi Public School Society – Appellant
Versus
Delhi Public International School – Respondent

Table of Content
1. infringement of registered trademarks. (Para 1 , 3 , 4)
2. urgent need for an injunction. (Para 2 , 6)
3. claims of deceptive similarity. (Para 7 , 8 , 9)
4. counterarguments regarding trademark use. (Para 10)
5. court’s prima facie findings. (Para 11 , 12)
6. balance of convenience for injunction. (Para 13)
7. final order and next steps. (Para 14 , 15 , 16 , 17)

ORDER

[VIA VIDEO CONFERENCING]

I.A. 8152/2021 (u/S 135(2) of the TRADE MARKS ACT , 1999 r/w Order 39 Rules 1 & 2 and Section 151 of the Code of Civil Procedure)

1. The Plaintiff-Delhi Public School Society has filed the accompanying suit inter-alia for infringement of copyright and registered trademark-`Delhi Public School' and `DPS' and crest logo [].

2. Counsel for the Defendants have entered appearance. They say that they have recently been served a copy of the plaint and would like to file a reply to the instant application. However, Mr. Puneet Mittal, learned Senior Counsel for the Plaintiff, presses for an injunction. Mr. Mittal submits that admissions in the Defendant School are in progress and therefore, if Defendants are not restrained by way of an injunction, parents and students are likely to be

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DELHI HIGH COURTSANJEEV NARULADelhi Public School Society – AppellantVersusDelhi Public International School – Respondent

DELHI HIGH COURT
SANJEEV NARULA
Delhi Public School Society – Appellant
Versus
Delhi Public International School – Respondent