| The
Plaintiff is using the mark INTEL and engaged in the worldwide
business of Computer and its parts. The Plaintiff is a company
incorporated under the laws of State of Delaware, USA. The Plaintiff
has filed suit for seeking permanent injunction in respect of
the said name as a trademark, e-mail and website. The
defendants are using the mark ARTINTEL as trading style in
respect of computers, software development and medical prescription
services. The plaintiff is aggrieved by use of the trademark
in the form of ARTINTEL by the defendants.
The Plaintiff has immediately initiated
opposition proceedings against the defendant for their mark
ARTINTEL before The Trade Marks Registry, Mumbai in September
2000. In consequence of that the opposition application of
the plaintiff was allowed and the trademark application of
the defendants for the trademark ARTINTEL in class 9 was dismissed.
However defendants have continued the business under the name
and style of ARTINTEL.
The Plaintiff ’s grievance is that
the defendant trading style ARTINTEL includes the mark of
the plaintiff INTEL. Therefore the use of prefix in the form
of ART has been used by the defendants is to take advantage
of the Plaintiffs goodwill and reputation in the market. The
defendants have failed to appear and to point out any significance
why word ARTINTEL was used for the business of the defendants.
The Hon’ble Justice of the high court
has passed the order in favour of plaintiff and against the
defendants that the plaintiff is entitled to a decree for
damages for a sum of Rs. 3 lakhs. |
