DPS World Foundation moves HC against restraint order

DPS World Foundation, floated by a group of Delhi Public School alumni including former Union minister Salman Khurshid, today moved Delhi High court challenging its interim order restraining them from using 'DPS' name or the trademark crest of the schools.
The challenge petition for urgent listing was mentioned before a bench of justices B D Ahmed and Sanjeev Sachdeva on the ground that the single judge's decision of April 18 needs to be stayed. The court has listed the matter for April 26.
The single judge in its order had held that using the DPS name would amount to trademark infringement of DPS Society.

Justice V Kameshwar Rao had directed the foundation to refrain from using the DPS name and its registered mark or any other crest identical or deceptively similar to the registered mark of DPS Society.
Its order had come on a suit filed by DPS Society against the use of words "DPS World" by the foundation, claiming that the defendants had misappropriated the name and the distinctive crest with a firelight held in a hand inside a shield, which had been used by the DPS schools since 1948.
The suit, filed last year, had stated that the foundation was opening schools using the name DPS World School, which amounted to infringement of the Society's copyright.

The court had barred the trustees, members, franchisees, officers, employees, agents, delegates, representatives, associates and all others acting for DPS World Foundation from using or dealing in any manner with the DPS name or crest till the disposal of the suit.