Another Delhi High Court judge today recused from hearing a petition filed by DPS World Foundation, floated by a group of Delhi Public School alumni including former Union minister Salman Khurshid, challenging an interim order restraining them from using 'DPS' name or the trademark crest of the schools.
This is the third time when another bench of the high court has recused from hearing the plea, which came up for hearing before a bench of justices Badar Durrez Ahmed and Sanjeev Sachdeva.
"It (DPS World Foundation's appeal) will go before another bench," the court said and listed the matter for May 5.
On April 26, a division bench headed by Justice Pradeep Nandrajog had transferred the matter to another bench.
Later, on April 28, another bench headed by Justice Gita Mittal recused from hearing it.
DPS World has moved the court challenging a single judge's April 18 decision on the ground that the DPS has no trademark of the logo or the crest.
It also claimed it had not hidden anything from society as it has clearly mentioned on its website that it is not associated with the Delhi Public School in any manner.
The single judge, in its order, had held that using DPS name would amount to trademark infringement of DPS Society.
It 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.
The order had come on a suit filed by DPS Society against the use of words "DPS World" by the foundation, claiming 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 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.
