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
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coined trademark/tradename, ThoughtWorks, 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 22 nd June,
2001 under class 9.
Source: Indian Kanoon