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TEJAS KARIA, J

1. The present Application has been filed on behalf of the Plaintiff under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 ("CPC") seeking interim injunction against the Defendants. FACTUAL BACKGROUND:

2. The Plaintiff is an international humanitarian medical aid organization which operates under the name/mark 'Médecins Sans Frontières' / 'Doctors Without Borders' ("Plaintiff's Mark"), providing medical assistance to people affected by armed conflict, epidemic, natural disasters or exclusion from healthcare. It is an international non-profit organization, which operates in more than 74 countries.

3. The Plaintiff's humanitarian work has been recognised by several national and global institutions over the years. In 1996, the Plaintiff was awarded a prestigious Indira Gandhi Prize for Peace, Disarmament and Development for providing timely and much required medical aid to people in crisis. Further, the Plaintiff was also awarded the most prestigious award, i.e., the Nobel Peace Prize in the year 1999.

6. As the Plaintiff is an international humanitarian organization, its medical personnel and relief supplies have a special right to access and free passage to the victims wounded and sick in disaster affected areas, conflict zones, prisons and detention centers, under humanitarian laws including Geneva Convention, 1949 and UN Resolutions.

7. The Plaintiff claims that it has been using the Plaintiff's Mark since its inception in 1971, and is the proprietor of the same in various countries, including in India. The details of the registrations of the Plaintiff's Mark in India are as under:

SUBMISSIONS ON BEHALF OF THE PLAINTIFF:

13. Ms. Shwetasree Majumder, the learned Counsel for the Plaintiff advanced the following submissions:

13.1. The Plaintiff is a non-profit, impartial, independent international medical aid humanitarian organization founded in 1971. The Plaintiff has been active in India since October, 1999, providing emergency medical assistance and humanitarian aid across various states. 13.2. The goodwill and reputation of the Plaintiff in the Plaintiff's Mark has been recognized all around the world, which is evident from various prestigious awards and accolades, including Indira Gandhi Prize for Peace, Disarmament and Development in 1996, Nobel Peace Prize in 1999, Nansen Refugee Award in 1996 and Tipperary International Peace Award in 2023. The Plaintiff has also been supported by various international and Indian celebrities, including Defendant No. 3. 13.3. The Plaintiff is entitled to a special right to access and free passage across international borders, under the Geneva Convention and UN Resolutions.