THOUGHTWORKS INC Vs. SUPER SOFTWARE PVT LTD.

JUDGEMENT

(1.) This petition under Section 34 of the Arbitration and Conciliation Act, 1996 ('Act') has been filed by ThoughtWorks Inc. a company organised and existing under the laws of Delaware, United States of America challenging an Award dated 12th July, 2015 passed by the sole Arbitrator, National Internet Exchange of India ('NIXI'), in the disputes between the Petitioner and the Respondent, Super Software Pvt. Ltd.

(2.) The Petitioner is stated to be engaged in the business of IT consulting, software development services and sale of proprietary software under its coined trademark/tradename, Thought Works, since 1993. It is stated that it has expanded its business under the above mark to 13 countries and has about 34 offices, which includes an office in India. It is stated that in India the Petitioner has been directly using the trademark at lease since 2001. The Petitioner has registered its trademark ThoughtWorks in India on 22nd June, 2001 under class 9.

(3.) It is stated that in March, 2015, the Petitioner became aware that the domain name Thoughtworks.in was registered by Respondent No. 1 when one of the analysts of the Petitioner accessed the website of Respondent No. 1 mistaking it to be the Petitioner's website. An email to that effect was sent to the Petitioner, a copy of which has been placed on record. The Petitioner has also placed on record the details in the WHOIS record of the impugned domain name.