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Showing contexts for: common prefix in International Student Identity Card ... vs Abhishek Tiwari & Others on 27 February, 2017Matching Fragments
23. He submitted that the letters "I" and "S" in the ISID Mark stood for "Indian" and "Student" and the letters "ID" was a common short form for Identity Cards. He submitted that the plaintiffs could not claim monopoly over the commonly used words such as ID or claim exclusive right to use initials of the words, "International" and "Student".
24. Lastly, Mr Baruah submitted that the plaintiffs' domain name "myisic" was not the domain name used by the plaintiffs' across the world and the ISIC Association used only the initials "isic" except in India and in United Kingdom, where the plaintiffs used the domain names "www.myisic.com" and "www.myisic.co.uk". He stated that this was so because the domain names "www.isic.com" and "www.isic.co.uk" were not available. He submitted that the use of 'my' as a prefix was one of the most common prefix used and the plaintiffs could not claim a monopoly over the said prefix.
59. Although the plaintiffs have alleged that the defendants had breached their confidentiality agreement and have used such information, the same has 'prima facie' has not been established and in fairness, the learned counsel for the plaintiffs also did not seriously pursue with the said line of arguments.
60. The plaintiffs' grievance regarding the defendants' use of the domain name "myisid.com" also may not be sustainable, considering that the plaintiffs' domain name is "www.isic.com". It is only in two countries where the plaintiffs use the prefix 'my' to their domain name - in United Kingdom where the website is "www.myisic.co.uk" and in India where the website is "www.myisic.com". The plaintiffs have adopted the domain name "myisic" in the said two countries since the domain name 'isic.com' and 'isic.co.uk' were not available and had been adopted by another user. Secondly, the defendants have prima facie established that the use of the word 'my' as a prefix in a domain name is one of the most common pretext used.