Delhi High Court Finds “Triple Identity”, Restrains Bhiwadi School From Using DPS Name

Delhi High Court Finds “Triple Identity”, Restrains Bhiwadi School From Using DPS Name

Introduction

The Delhi High Court has granted an ex parte ad-interim injunction restraining a Bhiwadi-based school in Rajasthan from using the name “Delhi Public School International”, the acronym “DPS”, and a torch-and-shield logo, holding that such use infringes and amounts to passing off of the well-known trademarks of the Delhi Public School Society (“DPS Society”). The Court also directed suspension of the infringing domain name. The order was passed by Justice Manmeet Pritam Singh Arora on December 8, 2025, and will remain in force until May 18, 2026.

Factual Background

The Plaintiff, Delhi Public School Society, is a globally recognised educational institution operating more than 200 schools worldwide under the name “Delhi Public School”. The Society adopted its torch-and-shield logo in 1948 and its leaf logo in 1996–97. It holds multiple trademark registrations for “Delhi Public School”, “DPS” and the associated logos, with user claims dating back several decades. In 2020, the Trade Marks Registry declared “Delhi Public School”, “DPS” and the shield logo as well-known trademarks. The Society also owns copyright registrations in respect of its logos.

According to the Plaintiff, it discovered on October 24, 2025, that a school in Bhiwadi was operating under the name “Delhi Public School International”, using the acronym “DPS” and a torch-and-shield logo, and running the website “dpsibhiwadi.in” along with an email ID reproducing its marks. It was also pointed out that earlier applications filed by the director of the Bhiwadi school for registration of its logo had been refused by the Trade Marks Registry on account of conflict with the Plaintiff’s existing trademarks.

Procedural Background

Aggrieved by the unauthorised use of its trademarks, the DPS Society instituted a commercial suit before the Delhi High Court seeking permanent injunction against trademark infringement and passing off. Along with the suit, an application for ex parte ad-interim relief was filed. The Court considered the application at the threshold stage and proceeded to pass interim directions without issuing notice to the Defendants.

Issues

1. Whether the Defendants’ use of the name “Delhi Public School International”, the acronym “DPS” and the torch-and-shield logo infringed the Plaintiff’s registered and well-known trademarks.

2. Whether such use amounted to passing off by creating an association with the Plaintiff’s schools.

3. Whether the Plaintiff had made out a case for grant of an ex parte ad-interim injunction.

Contentions of the Parties

The Plaintiff contended that it is the proprietor of well-known trademarks “Delhi Public School” and “DPS”, which enjoy the highest degree of protection under trademark law. It was argued that the Defendants were using identical and deceptively similar marks for identical services, namely school education, thereby creating a strong likelihood of confusion among parents and students. The Plaintiff further submitted that the prior refusals by the Trade Marks Registry to register the Defendants’ logo clearly established that the adoption of the impugned marks was dishonest and deliberate.

The Defendants were not heard at this stage, as the injunction was granted on an ex parte basis.

Reasoning and Analysis

After comparing the rival marks, the Court held that the expressions “Delhi Public School International” and “DPS”, as well as the torch-and-shield logo used by the Defendants, were deceptively identical to the Plaintiff’s well-known marks. The Court observed that given the widespread reputation and recognition of DPS schools across India, the Defendants were bound to have been aware of the goodwill attached to the Plaintiff’s marks at the time of adoption.

The Court placed reliance on the fact that the Trademark Registry had earlier refused registration of the Defendants’ logo on the ground of conflict with the Plaintiff’s trademarks, which reinforced the finding of dishonest adoption. It further held that the present case involved a clear instance of “triple identity”, namely identical marks, identical services and an identical consumer base.

Applying the test of an average consumer with imperfect recollection, the Court concluded that such a consumer would inevitably assume a connection or affiliation between the Bhiwadi school and the DPS Society. The Court held that the Plaintiff had established a strong prima facie case, that the balance of convenience lay in its favour, and that irreparable harm would be caused to its goodwill and reputation if interim protection were denied.

Decision

In view of the above findings, the Delhi High Court granted an ex parte ad-interim injunction restraining the Defendants and all persons acting on their behalf from using the name “Delhi Public School International”, the acronym “DPS”, the torch-and-shield logo, or any other identical or deceptively similar mark in any manner, including as a trademark, trade name, corporate name, domain name or email ID. The Court also directed the domain registrar to lock and suspend the domain name “dpsibhiwadi.in”. The matter has been listed for further hearing on May 18, 2026.

In this case the plaintiff was represented by Mr. Puneet Mittal, Sr. Adv. with Ms. Sakshi Mendiratta, Mr. R.P. Singh & Ms. Kashish Jain, Advocates.