LAWS(DLH)-2023-11-90

SCRUM ALLIANCE Vs. PREM KUMAR S.

Decided On November 21, 2023
Scrum Alliance Appellant
V/S
Prem Kumar S. Respondents

JUDGEMENT

(1.) Management of projects, in industries and enterprises in which project requirements can change rapidly, is a challenge. Technologies, known as Agile methodologies, have developed, over time, to deal with such eventualities. Among the industries which profit the greatest from the use of Agile methodologies, is the software development industry. Scrum is one such form of Agile methodology which provides incremental innovative solutions for project management and development in software engineering, and is the Agile methodology of choice adopted by some of the largest corporate enterprises in the world, including Fortune 500 companies like Google, Apple, Facebook, Amazon, Netflix and HSBC.

(2.) Proficiency in Scrum, like proficiency in any other enterprise, is certifiable. The plaintiff Scrum Alliance Inc, based in Westminster, Colorado, USA, traces its history to 2001, and claims, as per the plaint in the present case, to be the largest, most established and influential Scrum certification organization. Worldwide, the plaintiff claims to have certified over 12.48 lakh practitioners as "Scrum Masters", of which over 1.72 lakh certificates have been issued in India alone. It is also claimed that the "Certified ScrumMaster (CSM)" certification issued by the plaintiff is the first known professional Scrum certification.

(3.) The plaintiff is the proprietor of the following Certification Trade Marks ("CTMs", hereinafter), registered in India under the Trade Marks Act, 1999