HC declines DPS plea accusing Khurshid of trademark infringement

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The Delhi High Court has dismissed pleas by Delhi Public School (DPS) seeking to restrain Congress leader Salman Khurshid from using Delhi Public World School or Delhi Public World Foundation to describe his institutes.

Justice Rajiv Sahai Endlaw refused to grant any relief to DPS, saying the issue of its trademark being infringed was already considered by a division bench of the high court which had accepted the assurance given by Khurshid's institutes that they will not use the words 'Delhi', 'Public' and 'School' in sequence.

The court said that DPS had not agitated its concerns before the division bench and "was satisfied merely with the assurance".

"In the aforesaid facts, following the principle of hierarchy of benches, it is felt that any exercise by this court, to now consider the entitlement of the plaintiff to the said relief, would be in breach thereof and the decorum which the benches are required to maintain," the single judge said and dismissed the applications moved by DPS.

While rejecting the pleas of DPS, the court also noted that the use of Delhi Public World School (DPWS) "is in consonance with the assurance given before the division bench".

Delhi Public School had contended that the restraint on use of 'DPS' would apply to use of the words Delhi Public World School and Delhi Public World Foundation.