Delhi HC restrains fashion designer from making face masks with DPS logo
Jul 18, 2020
New Delhi [India], July 18 : The Delhi High Court has restrained a fashion designer from making face masks with the logo of "Delhi Public School" observing that the school has the right on the trademark.
A single-judge bench of Justice Mukta Gupta passed the restraining order on an application filed by Delhi Public School Society.
"A bare perusal of the impugned design would show that it not only infringes the trademarks and the copyright of the plaintiff (DPS Society) but also passes off the said goods to be that of the plaintiff," the High Court observed listing the matter for further hearing on July 28.
Considering the facts pleaded in the application and the documents filed therewith, the bench said that the plaintiff has made out a prima facie case in its favour and in case no ad-interim injunction is granted, the plaintiff would suffer an irreparable loss.
The petitioner told the court that the defendant, fashion designer Manish Tripathi, was selling masks incorporating the trademark of Delhi Public School and copying the said trademark under his brand name 'Namastay Away'.
The school submitted that it also came across brochures of the defendant wherein different designs and styles of masks bearing the impugned trademark are depicted in a manner so as to confuse and deceive the students, parents, and the public at large.
According to the DPS Society, in the year 1948, the plaintiff first conceived and adopted the distinctive crest of the school which comprises of a hand holding a torch (Mashaal) along with the school motto 'Service Before Self' and the words 'Delhi Public School' written inside a shield device with other distinctive artistic features comprised therein.
The said artistic crest device was created and designed by the employee of the plaintiff under a contract of service and thus the plaintiff is the first owner of the said artistic work in terms of the provisions of the Copyright Act, the application said.
