The use of similar trademarks in education sectors leads to consumer confusion, hence prior registered trademarks are to be protected through injunction.

JUDGMENT

Prathiba M. Singh, J. (Oral)--The present suit has been filed seeking permanent injunction restraining infringement of trademarks, copyrights, damages, etc., by the Plaintiff -Delhi Public School Society that runs the Delhi Public Schools (hereinafter as `DPS') across the country. The Plaintiff is registered under the Societies Registration Act, 1860, vide registration no. S.361 of 1948-49. It was initially registered as Delhi Public School but in the year 1962, the name was changed to Delhi Public School Society. The Plaintiff has also obtained registration for its logo under the Copyright Act, vide registration nos. A-95324/2012 dated 21st December, 2012 and A-111554/2014 dated 21st August, 2014.

2. The case of the Plaintiff is that it was formed with an objective to establish progressive schools/educational institutions within Delhi and outside. Open to all, without any distinction of race, caste or special status. The first DPS school was set up in the year 1949 and subsequently, numerous more were set up. The schools established by the Plaintiff itself are a total of 12, known as `Core Schools' while also having entered into agreements with other societies/trusts for establishing more schools that are more than 200 in number, known as `Affiliated Schools.' Further, the Plaintiff has also established 11 schools in territories outside of India, displaying its goodwill.

3. In order to ensure statutory rights in respect of the Plaintiff's trademark, it has filed several applications for registration of its logo, DPS and Delhi Public School, among others. Further, the Plaintiff claims to be extremely vigilant about its intellectual property rights due to which time and again the Plaintiff has filed infringement and/or passing off suits against other parties that have resulted in decrees in favour of the Plaintiff, wherein, its mark has been declared `a highly reputable brand name.'

4. The grievance of the Plaintiff in this suit is that a school named "Delhi Pubic International School/DPIS," i.e., Defendant No.1 was started in Nagpur, Maharashtra and is run by Defendant No. 2 -Gaikwad-Patil Group of Institutions, as mentioned in the plaint, whose day-to-day affairs are managed and controlled by its Chairman and President, i.e., Defendant No. 3 -Mr. Mohan Gaikwad and Defendant No. 4 -Ms. Anjali Patil Gaikwad, respectively. The Defendant No.5 is one Mr. Vijay Kumar Uttam Bhai Pawar with whom Defendant Nos.2 to 4 claim to have executed an agreement to obtain rights to use the mark `DPIS' of the Delhi Public International School.

5. The case of the Plaintiff is that the use of the word/mark DPIS is violative of its mark DPS. Vide interim order dated 17th August, 2021an interim injunction was granted restraining the Defendants from using the mark `Delhi Public School'/`DPS' or any other mark which is identical or deceptively similar thereto, including the `DPIS' mark. The operative portion of the said order dated 17th August, 2021, is set out below:

"12. The Court thus finds a prima facie case in favour of the Plaintiff. They are a prior adopter, user and owner since 1948, and the prior registered proprietor of well-known trademarks `Delhi Public School' and `DPS'. The use of the impugned mark-'Delhi Public International School'/'DPIS' and the impugned logo, is deceptively similar to the mark of the Plaintiff-Society and is in breach/violation of the decree passed by this Court against Mr. Pal. The adoption of