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The bench comprising Justice Ranjan Gogoi, Justice R. Banumati and Justice Navin Sinha passed an order in the Special Leave Petition, regarding the trade name of DPS or Delhi Public School by the DPS foundation. The petition was filled challenging the decision rendered by the division bench of the Delhi High Court.
The order of the single bench was upheld by the division bench, the impugned order restrained the DPS foundation from using the mark DPS or Delhi Public School or any nark which is similar to the following mark. The petition challenges that even after praying injunction, division bench has not granted it with respect to the trade name ‘Delhi Public School’ to the petitioners. Therefore the foundation is left open with an option to use the mark ‘Delhi Public School’.
The SC laid emphasis on the fact that trade name DPS is registered under Class 42 of the Trade Marks Act, 1999. As well as ‘Delhi Public School’ is also registered under the same class of the Trade Marks Act, 1999. Therefore the SC held that division bench has committed an error by allowing the foundation to use the mark ‘Delhi Public School’. It was ordered that injunction is granted to the petitioners under Order 39, rule 1 and 2 of the Code of Civil Procedure.
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