Delhi District Court
The Trained Nurses Association Of India vs Students Friend on 5 May, 2026
IN THE COURT OF DISTT. JUDGE
(COMMERCIAL COURT-02)
SOUTH DISTRICT, SAKET COURTS: NEW DELHI
CS (Comm) 486/2023
The Trained Nurses Association of India .....Plaintiff
L-17, Florence Nightingale Lane,
Green Park Main,
New Delhi - 110016
Versus
Student's Friend
Through its proprietor Mr. Sanjay Mandal
Chuanpur, Kadamtala,
Berhampore, Murshidabad, Berhampore - 743101
West Bengal (India)
Fortune 500
Through its Authorized Representative
Market, Near Saras Parlour Skit Road,
Jagatpura, Jaipur - 302017 (India)
Book World
Through its Authorized Representative
Rishal P, Ponmundam,
Tirur Road, Vailathur, Kerala - 676106 (India)
Katha O Kahini Private Limited
11A Bankim Chatterjee Street,
Kolkata - 700073, West Bengal (INDIA)
......Defendants
Date of institution : 22.08.2023
Date of Submissions : 16.04.2026
Date of judgment : 05.05.2026
Trading Nurses Association of India vs Student's Friend & Ors. Page 1 of 16
JUDGMENT
1. Case of the plaintiff is that the Plaintiff, the Trained Nurses' Association of India (TNAI) is a national organization of nurse professionals at different levels and the Plaintiff was established in 1908 and was initially known as the Association of Nursing Superintendents. It is stated that the Government of India recognized TNAI as a service organization in 1950 and a similar recognition has also been obtained by all the State Governments and Plaintiff is one of the largest associations in India which professionally trained nurses and provide registration for qualified nurses and opportunity for registration within different states in the country and also within different countries. It is stated that Plaintiff with more than 400,000 members in India and abroad, is a non-profit organization, working for the welfare of Indian nurses across the country and the world. The aim of association is to improve the economic condition of the nurses in India and it is affiliated with all governmental and non- governmental/ National and International organizations.
2. It is stated that for the IPR Protection, the Plaintiff filed the trademark applications of the Logo of and TNAI (Wordmark) and in addition for the utmost protection, the Plaintiff holds the Copyright Registration of the Logo of . It is stated that the Plaintiff adopted the Logo of in the year 1934 and the Plaintiff has registered for the Trading Nurses Association of India vs Student's Friend & Ors. Page 2 of 16 Trade Marks under the Trade Marks Act, 1999. The details of those trademarks' applications are given below. Sl App. Date App. No. Class Trade marks Status No
1. 27/10/2018 3985270 16 Registered and Valid upto 27/10/2028
2. 27/10/2018 3985274 35 Registered and Valid upto 27/10/2028
3. 27/10/2018 3985276 41 Registered and Valid upto 27/10/2028
4. 27/10/2018 3985277 42 Registered and Valid upto 27/10/2028
5. 27/10/2018 3985278 44 Registered and Valid upto 27/10/2028 COPYRIGHT S. No. Diary No. Registration No. Logo Status
1. 7975/2019-CO/A A-131082/2019 Registered
3. It is stated that in the year 2005, the Plaintiff published a Nursing Book named "FUNDAMENTAL OF NURSING"
for the students authored by the members of the Plaintiff's Association for the basic understanding of Nursing. The said book is copyrighted under the Copyright Act, 1957 as per the following details:-
Sl Diary No. Registration no. Book Status No.
1. 746/2022- L-121010/2023 FUNDAMENTA Registered CO/L L OF NURSING Trading Nurses Association of India vs Student's Friend & Ors. Page 3 of 16
4. It is averred that the Plaintiff holds the Copyright Registration of the book "FUNDAMENTAL OF NURSING" and since its first publication, the Plaintiff has subsequently published its editions and the said copyrighted book is very well-known amongst the nursing students and it is an integral part of the nursing course and nursing training provided by the Plaintiff. It is further stated that to purchase the copyrighted books, Plaintiff has provided a link on their website https://tnaipublications.in/ to the nursing students which redirects to the website https://pbdonline.in/ which is managed by the official authorized distributor of Plaintiff and the nursing students can directly purchase from that website.
5. Case of the plaintiff further that in the 3 rd Week of May 2023, Plaintiff received complaints from the students that the copyrighted book "FUNDAMENTALS OF NURSING" of Plaintiff is being sold at a higher price than the Maximum Retail Price (MRP) on the e-commerce platforms and the Plaintiff has no such information about the online selling of the copyrighted books on e-commerce platforms. It is stated that upon receipt of such complainant, the representative of Plaintiff initiated an investigation on the e-commerce platforms and shockingly found various sellers are selling the copyrighted book "FUNDAMENTALS OF NURSING" on the e-commerce platforms of Defendant No. 3, Flipkart and Defendant No. 4, Amazon without consent or authorization of Plaintiff. It Trading Nurses Association of India vs Student's Friend & Ors. Page 4 of 16 is stated that it was found that the copyrighted book of Plaintiff is being sold at a higher price and being portrayed as Plaintiff is itself selling the books on e-commerce platforms. It is stated that the name of Plaintiff is openly used by the sellers to claim their association with Plaintiff which is not the case and plaintiff has not authorized to sell the copyrighted books in the online and offline markets except the official authorized distributors of Plaintiff. It is stated that in addition, Plaintiff has found some complaints about the quality and price of the book.
6. It is further stated that to ascertain the limit of infringement, Plaintiff through their representatives ordered some books from the e-commerce platforms of Defendant No. 3, Flipkart and Defendant No. 4, Amazon and the same is evidence in view of the Invoices dated 25 th May 2023 and 26th May 2023 and books ordered from both platforms were delivered in June 2023 and the amount charged for the books are very high in comparison of the Plaintiff's books. It is stated that two books were ordered by the representatives of Plaintiff from Defendant No. 3 and 4 through the links mentioned in para 11 of the plaint and both of them were delivered by the seller named Student's Friend who is impleaded as a party in the present suit as Defendant No. 1.
7. It is further averred that the Plaintiff never heard the name of the Defendant No. 1 and that Defendant No. 1 is not an authorized seller of the Plaintiff's Books and no Trading Nurses Association of India vs Student's Friend & Ors. Page 5 of 16 permission has been granted by the Plaintiff to the Defendant No. 1 for selling the copyrighted books on e- commerce platforms. From the Invoice raised by Defendant No. 1, Plaintiff discovered the details of Defendant No. 1.
8. It is stated that upon further investigation, Plaintiff found that there are some of the listings of the book on the platforms of Defendant No. 3 and 4 that are currently out of stock. However, the online listings still reflect the price that it used to be when the links were active and the Plaintiff has noted the higher price of an active listing. It is stated that the Plaintiff was shocked to know that the price of the books is 1.5 times and 4 times higher than the original MRP (Maximum Retail Price) and as per the ratings and reviews mentioned in their e-commerce platforms, it is evident that people bought the books at such a higher rate from their listings.
9. It is stated that the sellers and their identities of the listings are not known to the Plaintiff as the listings are out-of- stock and therefore, they are impleaded as ASHOK KUMAR as Defendant No. 2. It is further stated that the online listings, that are out of stock, are dynamic in nature and could be relisted again by the sellers at any time and therefore, the Defendant No. 3 and 4 are liable to disclose the information of Defendant No. 2.
Trading Nurses Association of India vs Student's Friend & Ors. Page 6 of 1610. It is further stated that apart from Defendant No. 1 and 2, who have been involved in the infringing activities, the e- commerce platforms, Defendant No. 3 and 4 are also equally liable as they have not conducted proper due diligence before allowing sellers like Defendant No. 1 and 2 to sell on their respective platforms. It is stated that only plain dotted lines are mentioned in Manufacturer's Details, Importer's Details and Packer's Details in Flipkart and on behalf of such details, the books are being sold to the public. It is stated that in the case of Defendant No. 4, Amazon, no Seller information is mentioned and Plaintiff is shocked to note that such book is in #119 position in Nursing Reference Books and therefore, the poor due diligence of Defendants No. 3 and 4 is evident.
11. It is stated that the acts of the Defendant No. 1 and 2 intend to ride upon the reputation and goodwill of the Plaintiff in order to reap illegal profits and as a result of the said acts, the Plaintiff is likely to suffer dilution, diminution, weakening and eventual erosion of the goodwill, reputation and positive associations linked to the Plaintiff's trademarks and copyright and that the Plaintiff is also likely to suffer the loss of distinctiveness, uniqueness and exclusivity attached to the registered trademarks and copyright.
12. On 23.08.2023, on an application u/o XXXIX rule 1 & 2 CPC, exparte interim injunction was granted in favour of plaintiff and defendant no. 1 and 2 were restrained till next Trading Nurses Association of India vs Student's Friend & Ors. Page 7 of 16 date of hearing, by themselves as also through their individual partners/proprietors, directors, agents, representatives, distributors, assigns, stockists, dealers, retailers etc., and all other acting for an on their behalf from printing, publishing, selling, using, displaying, advertising, physically or through online portals and websites including the defendant no. 3, Filpkart and defendant no. 4, Amazon and other e-commerce platforms, importing/exporting or by any other mode or manner dealing with the registered trademarks of the plaintiff or any other trademark/label(s) identical with or deceptively similar to the plaintiff's registered trademarks and copyrighted books of the plaintiff from doing any other acts or deed amounting to infringing the plaintiff's registered trademarks ; infringing the plaintiff's Copyright of the book "Fundamental of Nursing" by inter- alia using, publishing, reproducing and commercially and for the purposes of trade; passing off and enabling others to pass off their goods and business as that of the plaintiff; falsification and unfair & unethical trade practices.
13. Further, defendant no. 3 Flipkart and defendant no. 4, Amazon were directed to block/remove/suspend the listings' URLs mentioned in para 6 and 7 of Injunction Application from their respective platforms till next date of hearing and are directed to disclose the information of defendant no. 2 to the plaintiff, who uploaded the out-of- stock listing.
Trading Nurses Association of India vs Student's Friend & Ors. Page 8 of 1614. Summons of suit were issued to defendants. After appearance, on 20.11.2023, Flipkart Internet Private Limited (D-3) and Amazon Retail India Private Limited (D-4) were dropped from the array of parties. On that day, application u/O 1 rule 10 CPC filed by plaintiff seeking infringement of Fortune 500 and Book World as defendants was allowed. Both the proposed defendants were directed to be summoned.
15. On 16.01.2024, D-1 Student's Friend filed Written statement. D-2 Fortune 500 was served but no one was present on behalf of D-2. D-3 Book World could not be served as address was incomplete. D-3 was directed to be served afresh and Written statement of D-2 was awaited.
16. On 14.03.2024, plaintiff filed replication to the Written statement filed on behalf of D-1 and application u/O 1 rule 10 CPC. On 30.04.2024, reply to this application was filed by proposed defendant no. 4.
17. On 04.01.2025, vide separate order, application u/O VI rule 17 CPC filed by plaintiff on dated 27.08.2024 seeking amendment of plaint to bring in para 17 and to amend 13 was allowed. Amended plaint filed alongwith application was taken on record. Vide the same order, application u/O 1 rule 10 CPC filed by plaintiff was also allowed. Amended memo was taken on record. D-4 was directed to Trading Nurses Association of India vs Student's Friend & Ors. Page 9 of 16 file Written statement within 30 days from the date of receipt of entire paper book.
18. On 16.04.2025, no one appeared on behalf of D-4 despite repeated calls and waiting. No Written statement was filed. 30 days time to file Written statement were expired. No application seeking extension of time was on record. Accordingly, the opportunity of D-4 to file Written statement was closed and D-4 was proceeded exparte.
19. On 02.06.2025, an application u/O IX rule 6 CPC was filed on behalf of D-4 but no one had appeared on behalf of D-4. D-4 was granted liberty to file Written statement subject to provision of u/O VIII rule 1 CPC.
20. On 04.08.2025, plaintiff moved an application u/O VI rule 15 CPC and 15 A r/w Section 151 CPC seeking striking off the Written statement filed on behalf of D-1. No one, however, was present on behalf of D-1. D-4 filed Written statement on 04.07.2025. Since, plaintiff and D-4 were willing to negotiate their dispute, their matter was referred to mediation center.
21. On 17.09.2025, it was stated that matter was settled between plaintiff and D-4. Since, no one appeared on behalf of D-1 to D-3, they were proceeded exparte and matter was listed for exparte PE qua D-1 to D-3 and consideration of settlement between plaintiff and D-4.
Trading Nurses Association of India vs Student's Friend & Ors. Page 10 of 1622. The application dated 20.01.2026 for substitution of AR (IA-1) filed by plaintiff was allowed on 16.04.2026. Arguments were heard on application u/O VIII rule 10 r/w Order XIII A rule 3 and 6(1) of Commercial Courts Act and matter is listed for orders.
23. Written statement filed on behalf of D-1 is barred by limitation as it was filed with a delay of 89 days beyond the mandatory period prescribed u/O VIII rule 1 CPC, as applicable to Commercial Courts Act. No application seeking condonation of delay is filed on behalf of D-1 nor any explanation was offered for unexplained delay. Hence, Written statement filed by D-1 was taken off the record.
24. Ld. Counsel for plaintiff submitted that plaintiff is a registered proprietor of various registered Trade Marks THE TRAINED NURSES ASSOCIATION OF INDIA and TNAI (wordmark) and also the registered copyright owner of literary work titled as "FUNDAMENTAL OF NURSING". It is submitted that plaintiff is using the said trademarks and copyrighted work continuously, openly and extensively for several decades and acquired immense goodwill and reputation amongst nursing students, educational institutions and public at large.
25. It is further submitted that despite service of summons, D-1 to D-3 failed to contest the present suit. It is submitted that there exists no real prospect of defendants defending their claim.
Trading Nurses Association of India vs Student's Friend & Ors. Page 11 of 1626. Ld. Counsel for plaintiff has placed reliance upon Himalaya Global Holdings Ltd & anr. Vs Rajasthan Aushdhalaya Private limited & Anr. CS (Comm) 433/2024 decided on 25.02.2025 and Impresario Entertainment & Hospitality Pvt ltd vs Mocha Blu Coffee Shop wherein it was held that no purpose is served in directing the plaintiff to lead exparte evidence.
27. Ld. counsel for the plaintiff further submitted that this plaint is supported with a verification/affidavit in the form of statement of truth of Mrs. Evelyn P. Kanna AR of plaintiff, therefore no exparte evidence is required to be adduced in view of the observations of our Hon'ble High Court in this regard.
28. In Parsvnath Developers Limited vs Mr. Vikram Khosla CS (Comm) 618/2019 & CM No. 8431/2020 decided on 03.03.2021 wherein Satya Infrastructure Ltd. and Ors. v. Satya Infra and Estates Pvt. Ltd., 2013 (54) PTC 419 (Del) was quoted in para 2 thereof which held as under:
"4. I am of the opinion that no purpose will be served in such cases by directing the plaintiffs to lead ex parte evidence in the form of affidavit by way of examination-in chief and which invariably is a repetition of the contents of the plaint. The plaint otherwise, as per the amended CPC, besides being verified, is also supported by affidavits of the plaintiffs. I fail to fathom any reason for according any additional sanctity to the affidavit by way of examination- in-chief than to the affidavit in support of the plaint or to any exhibit marks being put on the documents which have been filed by the plaintiffs and are already on record. I have Trading Nurses Association of India vs Student's Friend & Ors. Page 12 of 16 therefore heard the counsel for the plaintiffs on merits qua the relief of injunction."
29. In this case, Mrs. Evelyn P. Kannan AR of plaintiff had filed her statement of truth dated 23.08.2024. In her statement of truth, she stated that statements made in para 1 to 14 were true to her knowledge and para no 15 to 26 were true on legal advice received and believed to be true. She further stated that there was no false statement or concealment of any material fact, document or record and she had included information that was relevant for the present suit. She further stated that all documents in her power, possession, control or custody had been disclosed.
30. The documents filed by plaintiff are Printout of society Registration Certificate of the plaintiff; Printout of online status, and registration certificates of plaintiff's trademark in classes 16,35,41, 42 and 45; Original legal proceedings certificates of plaintiff's registered Trademark in classes 16,35,41, 42 and 45; Printout of onlie status and Journal copies of plaintiff's trademark TNAI in classes 9,10,14,16, 18, 23 to 28, 35 to 39 and 41 to 45; Printout of registration certificate of plaintiff's copyright 'The Trained Nurses Association of India' bearing registration no. A-131082/2019; Printout of registration certificate of Plaintiff's copyright Fundamental of Nursing bearing registration no. L121010/202; Printout of the official website of the plaintiff's website "https://www.tnaionlie.og/" showing the use of the Trading Nurses Association of India vs Student's Friend & Ors. Page 13 of 16 trademark TNAI; printout of the official Facebook, LinkedIn and Twitter pages titled TNAI of the plaintiff; Printout of promotional material of plaintiff; Printout of Nurses Journals of Plaintiff from year 1934 to 2023; Printout of the official website of the plaintiff's website "https://www.tnaipublications.in/" showing the selling of the book "Fundamental of Nursing" by the plaintiff;
Printout of the web page of website "https://www.pbdonline.in/" showing the selling of the book Fundamental of Nursing by the plaintiff's distributor; Printout of the online listings of Defendant no. 1 on the platforms of defendant no. 3, Flipkart and Defendant no. 4, Amazon; Digital photographs of the Books sold by defendant no. 1; Copy of invoices of defendant no.1's Books dated 25.05.2023 and 26.05.2023; Printout of GST details of Defendant no. 1; Printout of the online listings of defendant no. 2 on the platforms of defendant no. 3, Flipkart and defendant no. 4 Amazon.
31. It is the case of the plaintiff that the plaintiff has the exclusive right of Trademark and of Copyright, which fact remains undisputed and unrebutted.
32. In view of the abovesaid reasons, plaintiff is entitled to a decree of permanent injunction against the defendants. Plaintiff is granted a decree of permanent injunction in terms of interim prayers granted vide exparte order dated 23.08.2023 is made out absolute.
Trading Nurses Association of India vs Student's Friend & Ors. Page 14 of 1633. The plaintiff has sought rendition of accounts by defendants for ascertainment of the profits earned by them. There is no document on record to suggest as to how much the defendants earned by infringing the trademark and copyright of plaintiff.
34. In Jockey International Inc & Anr. Vs R. Chandra Mohan & Ors. 2014 (59) PTC 437 (Del) in para 43, it was held that damages must be awarded even in such cases where defendants choose to stay away from the proceedings of the Court and that defendants should not be permitted to enjoy the benefits of evasion of Court proceedings. A party who chooses not to participate in Court proceedings and stays away must suffer the consequences of damages as it cannot produce its account books. There is larger public purpose involved to discourage such parties indulging in such rights of deception and even if the same has a punitive element, it must be granted.
35. In the Hero Honda Motors Ltd. vs Shree Assuramji Scooter's 125 (2005) DLT 504 Delhi High Court observed about the need of awarding damages against defendants who chose to stay away from the proceedings of the Court. It was further noted that every endeavour should be made to discourage such parties which indulge in acts of deception.
36. Having regard to the totality of the facts and circumstances noted above, this Court is of the considered Trading Nurses Association of India vs Student's Friend & Ors. Page 15 of 16 view that plaintiff is entitled to lumpsum damages of Rs. 1,50,000/- on account of economic and commercial advantage which the defendant no. 1 to 3 tried to gain at the expenses of the reputation of the plaintiff.
37. In view of the aforenoted findings, the suit of the plaintiff is decreed in above terms against D-1 to D-3. Decree sheet be drawn up accordingly. File be consigned to record room. Digitally signed by anuradha anuradha shukla shukla Date:
(Dictated and announced on 2026.05.08
14:32:28
05th May 2026; +0530
uploaded on 08th May 2026)
(ANURADHA SHUKLA)
District Judge
(Commercial Court-02)
South Distt., Saket, New Delhi
Trading Nurses Association of India vs Student's Friend & Ors. Page 16 of 16