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july 2010

Supreme Court of India · 2010-07-23

D.A.V.BOYS SR.SEC.SCHOOL ETC.ETC. vs DAV COLLEGE MANAGING COMMITTEE

Citation / case number
SC 2008/33732
Court
Supreme Court of India
Petitioner
D.A.V.BOYS SR.SEC.SCHOOL ETC.ETC.
Respondent
DAV COLLEGE MANAGING COMMITTEE
Author
P. Sathasivam
Bench
P. SATHASIVAM,ANIL R. DAVE, , ,

Judgment text excerpt

The Supreme Court addressed the transfer petitions concerning the use of the acronym 'DAV' by schools run by the Tamil Nadu Arya Samaj Education Society, which have been using the term for over 30 years. The Court noted that the respondent-Committee had obtained a trademark registration under the Trade Marks Act, 1999, specifically Section 134, and had filed suits against the petitioners in Delhi. The Court held that the transfer of suits to Chennai was justified as no cause of action arose in Delhi, thereby allowing the petitions for transfer.

D.A.V.BOYS SR.SEC.SCHOOL ETC.ETC. vs DAV COLLEGE MANAGING COMMITTEE · Niyam