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2017 Supreme(Del) 672

VIBHU BAKHRU
INTERNATIONAL STUDENT IDENTITY CARD ASSOCIATION – Appellant
Versus
ABHISHEK TIWARI – Respondent


Advocates Appeared:
For the Plaintiffs : Mr. Hemant Singh, Mr. Kunal Kher and Mr. Shashi P. Ojha.
For the Defendants : Mr. Hrishikesh Baruah, Mr. Pranav Jain, Mr. Kshitij Paliwal and Mr. Shikhar Mittal.

JUDGMENT :

VIBHU BAKHRU, J.

I.A. Nos. 2169/2016 and 3865/2016

1. The plaintiffs have filed the above captioned suit, inter-alia, seeking a decree of permanent injunction restraining infringement of their trademark, passing off, unfair competition, rendition of accounts, delivery up, etc. against the defendants.

2. The plaintiffs have filed I.A. No. 2169/2016 under Order XXXIX Rule 1 & 2 of the Code of Civil Procedure, 1908 (hereafter CPC) seeking an order restraining the defendants from using the trademarks “ISID” and “Indian Student Identity Card” or any other trademark, which is deceptively similar to the plaintiffs' trademarks. The plaintiffs have also sought an order restraining the defendants from using the domain name “www.myisid.com.” Defendant No. 1 and 3 (hereafter collectively referred to as ‘the defendants) have filed I.A. No. 3865/2016 under Order XXXIX Rule 4 CPC praying that the order dated 17.02.2016 - by virtue of which the defendants were restrained from using the mark/name/logo “ISID” the domain name "www.myisid.com" or any other mark identical/deceptively similar to the plaintiff no. 1’s mark “ISIC” - be vacated. Both the aforesaid applications were taken up and hear














































































































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