Declining to interfere with the single judge's order, the bench said "may be it is open to the defendant/appellant (DPS World) to adopt the trade name/mark including the words 'Delhi' 'Public' 'School', however, the registered trade mark/name 'DPS' of the plaintiff (DPS Society) cannot be used in any manner whatsoever".
The bench agreed with the foundation's contention that 'Delhi Public School' it contains separate words in respect of which DPS cannot seek exclusive rights for passing off.
It also noted that even the single judge had not granted an injunction restraining the foundation from using the name 'Delhi Public School'.
The order by the division bench came on a plea by DPS World Foundation, which had challenged the single judge's April 18, 2016 interim order restraining the foundation, schools floated by a group of DPS alumni, from using the name 'DPS' saying it would amount to trademark infringement of DPS Society.
The single judge 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 distinctive crest with a firelight held in a hand inside a shield, which had been used by the DPS schools since 1948.
The single judge 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.
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