Assessing Trademark Infringement: The Enduring Benchmark Of The Triple Identity Test

Indian Courts have consistently applied the triple-identity test while assessing similarity between marks and the potential likelihood of confusion. On December 08, 2025, the Hon’ble Delhi High Court granted an ex parte ad-interim injunction in Delhi Public School Society v. Delhi Public School International Bhiwadi & Ors. [CS(COMM) 1247/2025] restraining a Rajasthan-based educational institution from using the name ‘Delhi Public School International’ and the abbreviation ‘DPS’. The Hon’ble Delhi High Court observed that the Defendant’s conduct clearly and unequivocally satisfied the requirements of the triple-identity test and a prima facie case of trade mark infringement and passing off was made out.

Background of the Case

The Plaintiff, Delhi Public School Society (DPS Society), is a prominent educational body overseeing more than 200 schools in India and abroad under the brand “Delhi Public School.” The Plaintiff adopted its distinctive torch-and-shield logo  in 1948 and later introduced a leaf device in 1996-1997. Over the decades, it secured multiple trademark registrations for “Delhi Public School,” “DPS,” and associated device marks. In 2020, these marks were recognised as well-known trademarks by the Trade Marks Registry. The Plaintiff also holds copyright registrations in its logos.

In October 2025, the Plaintiff discovered that a school located in Bhiwadi, Rajasthan, was operating under the name “Delhi Public School International.” The Defendant, Delhi Public School International, was allegedly using the acronym “DPS,” a torch-and-shield logo resembling that of the Plaintiff, and the domain name “dpsibhiwadi.in,” along with corresponding email addresses incorporating the contested marks.

The comparison chart of similarities of both party’s marks are tabulated below:

Further, the Defendant was inviting admissions for the academic year 2026-2027 and falsely informing parents their association with the Plaintiff.

The Plaintiff further highlighted that Defendant’s earlier attempts to register its logo had been rejected by the Trade Marks Registry due to similarity with Plaintiff’s registered trademarks.

The Plaintiff also contended that the acronym ‘DPS’ was adopted by the Defendant to create a false association in the minds of parents and students.

Observations of the Court

In granting interim relief, the Court applied the settled ‘triple identity test’ to assess infringement and found that the essential requirements of the ‘triple identity test’— identity of mark, identity of services, and identity of consumer base, are clearly satisfied.

Triple Identity Test

The Court observed:

1. Identity of the Mark:The Defendant was using “DPS” as part of its school name, which was identical to the Plaintiff’s registered and well-known trademark.
2. Identity of Services:Both parties were engaged in providing identical services i.e., school-level education.
3. Identity of Consumers:The target audience comprised parents and students seeking school education, which created a high likelihood of confusion.

Observing that the Defendant was using an identical mark for identical educational services directed at the same class of consumers, the Court concluded that the likelihood of confusion was not merely speculative but unavoidable.

Well-Known Trademark Protection

The Court further noted that ‘Delhi Public School/ DPS’ enjoys the status of a well-known trademark, having acquired immense goodwill over decades through extensive use across India and abroad. Any unauthorized use, especially by an educational institution, is likely to dilute the distinctiveness of the mark and amount to unfair advantage.

In view of the aforementioned, the Hon’ble High Court granted an ex parte ad-interim injunction, restraining the Defendant from using the marks ‘DPS’, ‘Delhi Public School’ or any other deceptively similar mark in its name, domain name, promotional material, or advertisements until the final disposal of the suit.

Conclusion

The decision of the Hon’ble Delhi High Court reinforces the critical role of the triple identity test in protecting well-known trademarks in India. By examining the identity of the marks, the similarity of the goods/services, and the likelihood of confusion among consumers, the Court found that the Defendant’s use of the ‘DPS’ name and abbreviation clearly infringed the Plaintiff’s rights. The facts clearly demonstrated a strong prima facie case of trademark infringement and passing off.

On these facts, the Court’s intervention emphasizes that well-known trademarks enjoy strong protection, and any attempt to create a misleading association with established marks is likely to invite prompt judicial action. The ruling reaffirms that the triple identity test is a key tool in assessing trademark infringement and in safeguarding established goodwill.

For further insights on this topic, see our related article on the application of the triple identity test in protecting well-known trademarks.

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