While considering a petition seeking permanent injunction restraining misuse of the Plaintiff’s name - DELHI PUBLIC SCHOOL, mark – DPS as also the accompanying logos, the Delhi High Court held that the Defendant School can use the DPS marks/names including ‘DELHI PUBLIC SCHOOL’, ‘DPS’ as also the logos only in respect of the students who are already admitted for the academic year 2023-2024, for the academic year ending on Mar 31, 2024.

At the same time, the High Court also clarified that the Defendant School shall not use the mark ‘DPS’, logo and name or any of the trademarks of the Plaintiff after the current academic year which is ending on Mar 31, 2024.

A Single Judge Bench of Justice Pratibha M. Singh observed that “On merits, the Defendants have already been restrained from using the DPS marks and the said orders have also been upheld in appeal. Thus, there can be no justification for continuing the use of the DPS name and the mark as also the logos. The case being one relating to education, the career of hundreds of children would be in jeopardy if allegations made by the Plaintiff are to be gone into and contempt action is initiated”.

Senior Advocate Puneet Mittal appeared for the Petitioner whereas Advocate Kamal Gupta appeared for the Respondent.

The brief facts of the case were that the Petitioner runs more than 200 schools in India and 10 Schools which are outside India. The plaintiff has a logo for his school Name Delhi Public School (DPS) and earned enormous goodwill and reputation. The first Defendant runs a school (Second defendant) under the name of Delhi Public School, Sahibabad. The first Defendant approached Plaintiff for a joint venture agreement to run a school under the name and style Delhi Public School Sahibabad. The Plaintiff agreed with the agreement and Defendants were permitted to use the trademarks of the Plaintiff. Due to some reasons the said agreement was terminated, but Defendant continued to run and operate the school which then led to the filing of the present suit.

Initially, the case was registered under Section 9 of the Arbitration and Conciliation Act, by the Defendants but no relief was granted to them. Subsequently, a petition was filed by the Defendant, wherein it was concluded that after the termination of the joint venture agreement, neither the Society nor the school can run under the name of Delhi Public School or DPS. The Court had, accordingly, restrained the Defendants from using the DPS marks. Despite the passing of the said order, the Defendants continue to run the school under the mark/name DELHI PUBLIC SCHOOL/ DPS. Hence, the Petitioner filed an application under Order XIX Rule 2A of CPC.

After considering the submission, the Bench noted that as the Defendants have already been restrained from using the DPS marks and the said orders having been also upheld in appeal, there can be no justification for continuing the use of the DPS name and the mark as also the logos.

The Bench emphasized that the Defendants need time to change the name of the school and in any case the students belonging to Class 10 and 12 have already submitted their candidature to the CBSE.

“If the certificates and the marksheets for the students of Class 10th and 12th are not issued in the name currently in which applications have been submitted to CBSE, the future of these students could be jeopardized. On the other hand, there is also no doubt that prima facie the Defendants are in contempt of the injunction order dated 10th March, 2023”, added the Bench.

Highlighting that the Defendants are running a school where more than 500 students are currently studying, the Bench took a compassionate view of the matter in order to ensure that the careers of the children are not put to any harm, and thus, refused to initiate any contempt action, subject to the ensuing conditions.

In the overall facts and circumstances of this case, the Bench observed that the suit itself can be brought to quietus by putting in place an arrangement which is in the overall interest of the students of the school, at the same time suitably compensating the Plaintiff.

The High Court therefore concluded that with effect from next academic year – 2024-25, the use of the name ‘DELHI PUBLIC SCHOOL’, mark ‘DPS’ and the logos shall be ceased, failing which the trustees of the Defendants shall be personally responsible, and no fresh admissions shall be carried out in the Plaintiff’s DPS marks, henceforth.

Cause Title: Delhi Public School Society v. Aviral Education Welfare and Cultural Society and Anr. [2023: DHC: 7592]

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Delhi High CourtJustice Pratibha M. Singh

Pankaj Bajpai