JUDGMENT (Oral)

I.A. 114/2023 (Order XXXIX Rules 1 and 2 of the CPC)

1. The rival trademarks forming subject matter of controversy in the present proceedings are the following:

2. The plaintiff and the defendant are engaged in the service industry and are providing community services involving skill development, empowerment of women and the like.

3. The plaintiff is a society rendered under the Societies Registration Act, 1860. It claims to have commenced operations in 1972. In order to substantiate this claim, Mr. Aditya Gupta, learned Counsel for the plaintiff has invited my attention to the following documents:

(i) a news article in the India Today edition dated 1-15 November 1976 which contains, inter alia, reference to a medical program submitted by the plaintiff in 1973,

(ii) the ESCAP Human Resources Development Award for 1995 conferred on the plaintiff by the United Nations Economic and Social Commission for Asia and the Pacific, which refers to the plaintiff as the "BAREFOOT COLLEGE", and contains the following recitals:

"The Social Work and Research Centre, Tilonia, Rajas