Dps World Foundation & Anr vs Delhi Public School Society on 10 April, 2017

1. This appeal under Order 43 Rule 1 of CPC read with Section 13 of
Commercial Courts, Commercial Division and Commercial Appellate
Division of High Courts Act, 2015 is directed against the order of the
learned Single Judge dated 18.4.2016 in IA No. 2920/2016 in CS(COMM)
154/2016.

FAO(OS)(COMM) No.21/2016 Page 1 of 22
2. The said IA No.2920/2016 was filed by the plaintiff / respondent
herein under Order 39 Rules 1 and 2 CPC, 1908, to restrain the defendants /
appellants herein from dealing in any manner inter alia:
“a) from offering their services, advertising, offering franchisees,
selling goods and stationary, adopting, using and/or dealing in any
manner with the registered trade mark/name ‘DPS’ and logo

of the plaintiff or any other trade mark identical or
deceptively similar to the registered trade marks of the plaintiff
amounting to infringement and passing off the plaintiffs registered
trade marks.

Source: Indian Kanoon

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