The Delhi High Court, through its decision dated October 18, 2023 (Delhi Public School Society v. Aviral Education Welfare and Cultural Society), restricted the defendant school, Delhi Public School, Sahibabad, from using 'DPS' formative marks, their logos, or any other trademark of the plaintiff after the academic year of 2023-2024.
The Plaintiff, Delhi Public School Society, had filed a suit seeking injunctive relief and restrain misuse of the name 'Delhi Public School', 'DPS' and DPS logos (referred to as "DPS marks") against Defendant No. 1, M/S Aviral Education Welfare Cultural Society (AEWCS) which has been running Defendant No. 2 School- Delhi Public School Sahibabad, Uttar Pradesh.
The plaintiff established one of its first schools in 1949, Delhi Public School. The plaintiff's school in R.K. Puram has also been established in 1972. Delhi Public School Society has more than 200 affiliated schools across the country and 10 schools established outside India.
Apart from 10 registered marks across several classes in India, the plaintiff also mentioned that the DPS logo has been declared a well-known mark in India with respect to education and allied services. The plaintiff also claimed enormous goodwill and reputation in their name and marks and had claimed rights in all DPS marks.
The plaintiff contended that Defendant No. 1 sought a joint venture with the plaintiff to operate a school named Delhi Public School, Sahibabad in Ghaziabad, Uttar Pradesh. They signed an agreement on October 10, 2016, allowing the defendants to use the plaintiff's trademarks. An agreement sum of Rs. 25 Lakhs was paid as a signing fee by Defendant No. 1 to the plaintiff. Despite a termination on September 24, 2018, the defendants persisted in running the school, prompting the filing of the current suit.
The Court analysed the arguments from both sides and noted that the defendants were already restricted from using the DPS marks. The order was further upheld by the judge of a single bench on March 10, 2023 (LPA 213/2022 Aviral Education Welfare and Cultural Society & Ors. v. The Delhi Public School Society). Despite the previous injunction order, the Defendants continued the use of DPS marks, admitted students for the last six academic years, and the students continued to wear uniforms that bore the trademark and name of the plaintiff.
Noting that the education, career, and future of hundreds of students would be at risk if a contempt action were taken, the Court took a compassionate view of the matter in order to ensure that the careers of students are not put to any harm. It was concluded that the Defendant school can use DPS marks only in respect of students who have already been admitted for the academic year, the year ending on March 31, 2024, and the defendant shall not use the name and trademarks of the plaintiff after. New admissions after the academic year 2023-2024 are to be admitted under a new name of the defendant.
The certificates for the current batch of students undergoing classes 10th and 12th are directed to be issued under the existing name of the defendants. Referring to the previous agreement between the Defendants and the Plaintiff, the Court also directed the defendant to pay a sum of Rs. 20 Lakhs to the plaintiff plus GST by December 31, 2023, since no amount was paid to the plaintiff post the initial payment of Rs 25 Lakhs.
The Court made it clear that the Defendant school shall not use the plaintiff's name and trademarks from the upcoming academic year, i.e. 2024-2025, failing which, the responsibility of such action shall lie on the trustees of the defendant. In pursuit of education and in order to speed up the process, the Court also directed CBSE and Joint Director of Education, Meerut, to process the name-changing applications expeditiously.
In conclusion- through the order, the Court has emphasised the public interest – keeping in mind that the current batch of students does not suffer at the risk of administrative changes in the Defendant school. The Court has also passed an order to further restrict the use of DPS marks by the defendant after March 31, 2024, to safeguard the defendant's statutory and common rights.
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