The use of deceptively similar trademarks in identical service categories causes confusion and infringing rights of the prior user.

ORDER

% 08.12.2025 I.A. 29035/2025

(under Order XXVI Rule 9)

1. This is an application filed by the Plaintiff under Section 135(2) of the Trademarks Act, 1999 , and Section 55 (2) of the Copyright Act, 1957 , read with Order XXVI Rule 9, Oder XXXIX Rule 7, and Section 151 of the Code of Civil Procedure, 1908 [‘CPC’], for appointment of Local Commissioner.

2. This Court is not inclined to appoint a Local Commissioner.

3. In view thereof, the application is disposed of.

CS(COMM) 1247/2025

1. Learned senior counsel for the Plaintiff states that service of summons has been effected on Defendant Nos. 1 and 2 and affidavit of service dated 28.01.2025 has been filed.

2. None appears on behalf of Defendant Nos. 1 and 2.

3. List before the learned Joint Registrar (J) for completion of pleadings on 21.01.2026.

4. List before Court on 18.05.2026.

I.A. 29031/2025(application under Order XXXIX Rules 1 and 2 CPC)

5. This is an application filed by the Plaintiff under Order Rule XXXIX, Rule 1 and 2, read with Section 151 of CPC, seeking ex-parte ad interim injunction against the Defendants.

6. The case set up in the plaint is as follows:

6.1. The Plaintiff is a registered society, which was originally registered as Delhi Public School and subsequently renamed Delhi Public School Society in 1962.

6.2. The Plaintiff adopted the logo [‘shield logo’] in 1948, and it comprises a hand holding a torch along the motto ‘Service Before Self’ and the words ‘Delhi Public School’ written inside the shield.

6.3. In 1996-1997, the Plaintiff adopted another logo [‘leaf logo’] which comprises a torch on a book along with the same motto as noted

hereinabove.

6.4. The Plaintiff’s earliest registrations are as follows:

i. and DPS [word] bearing TM application no. 1608946 and 1608951 respectively, application dated 08.10.2007 in class 16 with user claim since 01.12.1948. 06.10.2023 in class 16 with user claim since 01.04.1996.

ii. bearing TM application no. 6138185, application dated Details of Plaintiff’s trademark registrations under various classes have been set out in paragraph ‘13’ of the plaint.

6.5. Delhi Public School, DPS, , and are hereinafter

collectively referred to as the ‘Plaintiff’s marks’.

6.6. The Plaintiff also has copyright registrations of its shield logo vide registration no. A-95324/2012 dated 21.12.2012 and A-111554/2014 dated 21.08.2014.

6.7. The Trademark Registry vide order dated 03.07.2020 declared the‘Delhi Public School’, ‘DPS’, and ‘ ’ as well-known marks.

6.8. The Plaintiff society operates over two hundred [200] schools worldwide under the name Delhi Public School, commonly referred to as DPS, followed by the respective location of the schools, e.g., DPS Mathura Road, DPS International Saket, DPS Noida, DPS East of Kailash, etc.

Knowledge about the Defendants’ infringement

6.9. On 24.10.2025, the Plaintiff received information that Defendant No.1 is a school operating under the name ‘Delhi Public School International’ with School International Educational Society.

the logo as well as ‘DPS’ [‘impugned marks’] in Bhiwadi, Rajasthan, under the management and control of Defendant No.2/Delhi Public

6.10. During the visit to the school premises on 25.10.2025, the Plaintiff learnt that Defendant Nos. 1 and 2 are inviting admissions for the academic year 2026-2027 and falsely informing parents about the said Defendants’ affiliation with the Plaintiff.

6.11. The Plaintiff also came across the official website of Defendant No.1 operating under the domain name https://www.dpsibhiwadi.in/ [‘impugned domain name’], which has been registered by Defendant No.3/GoDaddy Inc. Defendant Nos. 1 and 2 are also using the dpsinternationalbhiwadi@gmail.com [‘impugned email’] as their official email address, which is virtually identical to the Plaintiff’s