A Delhi High Court judge today transferred to another bench 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.
The petition, which was listed before a bench headed by Justice Pradeep Nandrajog, was transferred to another bench as he recused himself from hearing the matter since he knew some of the members of the foundation. The matter has been listed for April 28.
DPS World moved the court challenging the single judge's April 18 decision, on the ground that the DPS has no trademark of the logo or the crest.
It also claimed that it had not hidden anything from the 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 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.
