Trademark row: DPS World Foundation files settlement proposal

Trademark row: DPS World Foundation files settlement proposal
Trademark row: DPS World Foundation files settlement proposal

DPS World Foundation, floated by a group of Delhi Public School alumni including former Union minister Salman Khurshid, today submitted in the Delhi High Court a proposal for settling the trademark dispute with DPS society, which runs the prominent school.

In its proposal for settlement filed before a bench of Chief Justice G Rohini and Justice Sangita Dhingra Sehgal, the foundation has suggested that it could use a new name like putting ‘alpha’ symbol before ‘DPS world school’ or ‘Delhi Public world school’ for their upcoming 17 new schools for the academic year 2017-18.
The foundation, which has challenged a single judge interim order restraining them from using DPS name or trademark crest of the school, also suggested that they would also have a bottom line reading as “a DPS Alumni Dipsites knowledge initiative” with it.

“These clarifications would clearly show that the schools (of foundation) are not associated with DPS society,” senior advocate Salman Khurshid, appearing for the foundation, said.

Senior advocate Sandeep Sethi, who was representing DPS society, said they have registered the trademark of DPS and the foundation cannot use the same.

The bench, however, told Sethi, “We will like to have your response on this. You tell us what you have to say about their proposal so that some arrangement can be made”.

The bench asked DPS society to file its response on the proposal of settlement and fixed the matter for hearing on January 10.

The foundation has said that several schools are running with similar names, like International Delhi Public School, and the society “cannot have objection to the usage of ‘Delhi Public world school’ since it has never had any objection to other schools operating”.

The foundation has moved the court challenging a single judge order of April 18 last year on the ground that DPS has no trademark of the logo or the crest.

It has claimed that it had not hidden anything from the society as it has clearly mentioned on its website that it is not associated with the Delhi Public School in any manner.

The single judge, in its order, had held that using DPS name would amount to trademark infringement of DPS Society.

It had directed the foundation to refrain from using DPS name and its registered mark or any other crest identical or deceptively similar to the registered mark of DPS Society.

The single judge order had come on a suit filed by DPS society against the use of words “DPS World” by the foundation, claiming that the defendants had misappropriated the name and distinctive crest with a firelight held in a hand inside a shield, which had been used by the DPS schools since 1948.

The suit, filed in 2015, had stated that the foundation was opening schools using the name DPS World School, which amounted to infringement of the society’s copyright.

The single judge had barred the trustees, members, franchisees, officers, employees, agents, delegates, representatives, associates and all others acting for DPS world foundation from using or dealing in any manner with the DPS name or crest till the disposal of the suit.

( Source – PTI )

Aarushi case: Plea for adding glove as evidence

A plea has been filed in a special court here seeking that a glove found near the residence of the murdered teenager Aarushi Talwar be admitted as evidence in the case and be subject to forensic tests.

K. Ashish alias Ashish Kumar, submitted, through his lawyer Sanjay Tyagi, that he recovered a surgical glove from the drain near L-32 in Jal Vayu Vihar, Noida where the Talwars used to live.

In his application, Ashish Kumar submitted he approached the Central Bureau of Investigation (CBI) investigation team to hand over the glove but they refused to take it.

He then saw an advertisement in the paper promising a reward of Rs.1 lakh for a person that provide then a clue in the case, and again approached them but this time also, they refused to entertain him and said they were more interested in finding Aarushi’s missing mobile phone.

Ashish Kumar said he approached the CBI Joint Director Arun Kumar but he also refused to take the glove.

Finding no other option, he had approached the court, he said.

Fourteen-year-old Aarushi, a Class 9 student of Delhi Public School, Noida, was found murdered at her parents’ apartment in Noida May 16, 2008.

The family’s servant Hemraj was initially suspected for the killing but his body was found on the flat’s terrace a day later.

The CBI submitted its closure report Dec 29 last year.

Special CBI judge Preeti Singh had ordered Feb 9 that the Talwars be charged with murder, destruction of evidence and criminal conspiracy

Aarushi murder: Talwars question CBI’s right to oppose their plea

Rajesh and Nupur Talwar, parents of murdered teenager Aarushi Talwar, Friday questioned the right of the Central Bureau of Investigation (CBI) to oppose their plea before the Allahabad High Court to be discharged in the three-year old sensational murder case of their daughter.

After hearing the arguments by senior advocate Gopal Chaturvedi, the bench of Justice B.K. Narayana fixed Monday for the next hearing of the case

Chaturvedi told  ‘We have questioned the CBI’s right to oppose our plea on the ground that the investigating agency must first decide whether it supports its own closure report or the order of the special Ghaziabad court, whereby Rajesh and Nupur Talwar were charged with their own daughter’s murder.’

‘We have also sought to draw the attention of the court to the half-baked investigation carried out by CBI, which was why further investigation was required in the case.’

The 14-year-old Aarushi, a Class 9 student of Delhi Public School, Noida, was found murdered under mysterious circumstances in her parents’ Jalvayu Vihar Apartment in Noida May 16, 2008.

Their domestic help Hemraj was initially suspected for the killing, but his body was found on the flat’s terrace a day later.

The CBI submitted its closure report Dec 29 last year.

Ghaziabad-based Central Bureau of Investigation (CBI) Special Judicial Magistrate Preeti Singh had ordered Feb 9 that the Talwars be charged with murder, destruction of evidence and criminal conspiracy.

Aarushi murder: Talwars question order to try them

Rajesh and Nupur Talwar, parents of murdered teenager Aarushi Talwar, Wednesday urged the Allahabad High Court to set aside a special CBI court’s order to put them on trial for the gruesome killing of their own daughter in Noida about three years ago.

Justice B.K. Narayana has decided to continue with the arguments Feb 25, an informed court functionary told.Ghaziabad-based Central Bureau of Investigation (CBI) Special Judicial Magistrate Preeti Singh had ordered Feb 9 that the Talwars be charged with murder, destruction of evidence and criminal conspiracy.

Aarushi, a Class 9 student of Delhi Public School, Noida, was found murdered under mysterious circumstances in her parents’ Jalvayu Vihar Apartment in Noida May 16, 2008.

Their domestic help Hemraj was initially suspected for the killing, but his body was found on the flat’s terrace a day later.

The CBI submitted its closure report Dec 29 last year.

Arguing on behalf of the Talwars, senior advocate Gopal Chaturvedi sought not only ‘further investigation’ into the case, but also pleaded for ‘setting aside the Feb 9 order of the CBI court’.

Blaming the premier investigation agency for leaving many loose ends in the case, Chaturvedi said: ‘Several important issues brought to the notice of CBI were simply ignored by the investigating agency which apparently carried out a very shoddy job and jumped to conclusions without caring to take the larger picture into account.’

‘I am confident that further investigation into the case will bring out the parents absolutely clean as they are being framed on totally flimsy grounds,’ he said.