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2023 Supreme(Del) 862

C. HARI SHANKAR
Institute of Chartered Accountants of India – Appellant
Versus
Institute of Cost Accountants of India – Respondent


Advocates appeared:
Mr. Chander M. Lall, Senior Advocate with Ms. Nancy Roy, Ms. Aastha Kakkar, Mr. Prashant, Ms. Nida Khanam, Ms. Ananya Chugh and Ms. Renuka Rajan, Advocates, for the Plaintiff.
Mr. Sandeep Sethi, Senior Advocate with Mr. Munish Mehra, Ms. Shreya Sethi, Mr. Vikram Singh Dalal and Ms. Tanvi Tewari, Advocates, for the Defendant.

JUDGMENT (Oral)

I.A.7230/2021 (under Order XXXIX Rules 1 and 2 of the CPC)

1. The plaintiff is The Institute of Chartered Accountants of India. The defendant is The Institute of Cost Accountants of India. The plaintiff abbreviates its moniker to the acronym ICAI, as does the defendant. Chagrined at this, the plaintiff has instituted the present suit against the defendant, objecting to the defendant's use of the ICAI acronym. The plaint, therefore, seeks an injunction against the defendant from using the said ICAI acronym in any manner whatsoever. The plaintiff has filed, with the plaint, I.A. 7230/2021 under Order XXXIX Rules 1 and 2 of the Code of il Procedure, 1908 (CPC), seeking interlocutory injunctive reliefs. This judgment decides the said application.

2. I have heard Mr. Chander Lall, learned Senior Counsel for the plaintiff and Mr. Sandeep Sethi, learned Senior Counsel and Mr. Munish Mehra, learned Counsel for the defendant on the said application.

3. The word mark ICAI, being an abbreviation of 'Institute of Chartered Accountants of India' stands registered in favour of the plaintiff, by the Registrar of Trade Marks, with effect from 25th March 2011 in Class 41 of the Ni

























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