January 6, 2017 4:36:35 pm
DPS World Foundation, floated by a group of Delhi Public School alumni including former Union minister Salman Khurshid, on Friday submitted in the Delhi High Court a proposal for settling the trademark dispute with DPS society, which runs the prominent school. In its proposal for settlement filed before a bench of Chief Justice G Rohini and Justice Sangita Dhingra Sehgal, the foundation has suggested that it could use a new name like putting ‘alpha’ symbol before ‘DPS world school’ or ‘Delhi Public world school’ for their upcoming 17 new schools for the academic year 2017-18.
The foundation, which has challenged a single judge interim order restraining them from using DPS name or trademark crest of the school, also suggested that they would also have a bottom line reading as “a DPS Alumni Dipsites knowledge initiative” with it.
“These clarifications would clearly show that the schools (of foundation) are not associated with DPS society,” senior advocate Salman Khurshid, appearing for the foundation, said. Senior advocate Sandeep Sethi, who was representing DPS society, said they have registered the trademark of DPS and the foundation cannot use the same.
The bench, however, told Sethi, “We will like to have your response on this. You tell us what you have to say about their proposal so that some arrangement can be made”. The bench asked DPS society to file its response on the proposal of settlement and fixed the matter for hearing on January 10.
The foundation has said that several schools are running with similar names, like International Delhi Public School, and the society “cannot have objection to the usage of ‘Delhi Public world school’ since it has never had any objection to other schools operating”. The foundation has moved the court challenging a single judge order of April 18 last year on the ground that DPS has no trademark of the logo or the crest.
It has 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 DPS name would amount to trademark infringement of DPS Society. It had directed the foundation to refrain from using DPS name and its registered mark or any other crest identical or deceptively similar to the registered mark 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 suit, filed in 2015, had stated that the foundation was opening schools using the name DPS World School, which amounted to infringement of the society’s copyright. 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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