Delhi High Court Grants Ex-Parte Injunction Against Trademark Infringement by DPS International Bhiwadi

Court restrains DPS International Bhiwadi from using deceptively similar trademarks and logos akin to Delhi Public School's well-known marks.

In a recent judgment by the Delhi High Court, an ex-parte ad interim injunction was granted against Delhi Public School International Bhiwadi and its associates for trademark infringement. The Court, presided over by Justice Manmeet Pritam Singh Arora, ruled in favor of the Delhi Public School Society, which accused the defendants of using deceptively similar trademarks, logos, and names that could potentially confuse the public and harm the plaintiff's established goodwill.

The Delhi Public School Society, a registered entity with over 200 schools worldwide, claimed that the defendants' use of "Delhi Public School International" and "DPS International Bhiwadi" was designed to mislead the public into associating them with the well-known Delhi Public School brand. The plaintiff highlighted the unauthorized use of its trademarked logos and names in the defendants' marketing materials and website, which were registered with Defendant No. 3, GoDaddy Inc.

The Court's decision emphasized the "triple identity" in the case, where the defendants' marks, service category, and trade channels were found to be identical to those of the plaintiff. The judgment noted the defendants' non-appearance in court despite being duly served with summons, further implying a lack of defense against the allegations.

Justice Arora observed that the defendants' actions were not bona fide, particularly given the prior refusal by the Trademark Registry to register their marks. The Court ordered an immediate cessation of the use of the impugned trademarks and logos by the defendants and directed the suspension of the infringing domain name, dpsibhiwadi.in.

The injunction aims to prevent irreparable harm to the Delhi Public School Society's reputation and trademark rights while maintaining the balance of convenience in favor of the plaintiff. The case is scheduled for further proceedings in May 2026.

Bottom Line:

Trademark infringement - Use of deceptively similar trademarks, logos, and names likely to cause confusion among the public and harm the goodwill of the plaintiff's well-known marks.

Statutory provision(s): Trademarks Act, 1999 Section 135(2), Copyright Act, 1957 Section 55(2), Code of Civil Procedure, 1908 Order XXXIX Rules 1 and 2, Order XXVI Rule 9.

Delhi Public School Society v. Delhi Public School International Bhiwadi, (Delhi) : Law Finder Doc Id # 2820975