INTERNATIONAL STUDENT IDENTITY CARD ASSOCIATION Vs. ABHISHEK TIWARI

JUDGEMENT

(1.) IA Nos. 2169/2016 and 3865/2016 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 39, 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 39, Rule 4 Civil P.C. 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 together.

(3.) Plaintiff No. 1, International Student Identity Card Association (hereafter "ISIC Association") is a limited responsibility association formed and existing under the laws of Denmark. Plaintiff No. 2, STIC Youth Travels Private Limited (hereafter "STIC"), is an Indian company and is the exclusive licensee of ISIC Association in India. STIC is authorised to represent, promote and distribute various cards of ISIC Association in India since the year 1974-75.