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2017 Supreme(Online)(DEL) 896

HIGH COURT OF DELHI
INTERNATIONAL STUDENT IDENTITY CARD ASSOCIATION & ANOTHER – Appellant
Versus
ABHISHEK TIWARI & OTHERS – Respondent


JUDGMENT

VIBHU BAKHRU, J IA 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”, “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 heard to

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