SANJAY KISHAN KAUL, VIPIN SANGHI
Flight Center Travels – Appellant
Versus
Flight Centre – Respondent
SANJAY KISHAN KAUL, J.
1. The appellant as plaintiff filed suit for a decree of permanent injunction against the four original defendants restraining them from passing off, rendition of accounts and commencing business under the mark “FLIGHT CENTER” or a mark/trade style deceptively similar to it which would amount to passing off qua the services being provided by the plaintiff and for rendition of accounts. The appellant alleged in the plaint that it is a reputed travel agency in India and had commenced business under the trading style of M/s. Flight Center Travels (P) Ltd. Its trademark/service mark “FLIGHT CENTER” offers various lucrative and affordable holiday packages apart from medical insurance schemes on travel abroad. The latter is in pursuance to its tie up with agencies such as M/s. Bajaj Allianz and ICICI Lombard. The website of the appellant is www.Flight center.co.in, which is a medium through which the services are offered. The appellant was accorded International Air Transport Accreditation (IATA) after fulfilling all norms in the year 1996 which permits it to issue international tickets for passengers travelling overseas on IATA member airlines. The appel
2. A. Abdul Karim Sahib Vs. A. Shanmugha Mudaliar 1967 MLJ 468
3. Hari Ram Keer Vs. State Bank of India 2005 (3) MPHT 147
4. Siraj Ahmad Siddiqui Vs. Prem Nath Kapoor (1993) 4 SCC 406
5. Advaita Nand Vs. Judge, Small Cause Court
6. Nahar Enterprises Vs. Hyderabad Allwyn Ltd. & Anr. (2007) 9 SCC 466
10. Ramnik Vallabhdas Madhvani & Ors. Vs. Taraben Pravinlal Madhvani AIR 2004 SC 1084.
12. M/s. Jharkhand Mines & Industries Ltd. and Anr. Vs. Nand Kishore Prasad & Ors. AIR 1969 Pat 228.
13. Durga Dutt Sharma Vs. Navratna Parmaceuticals Laboratories AIR 1965 SC 980.
14. S.M. Dyechem Ltd. Vs. Cadbury (India) Ltd. (2000) 5 SCC 573.
15. Gomzi Active Vs. Reebok India Co. & Anr. (2007) 10 SCC 632.
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