CATERPILLAR INC Vs. MEHTAB AHMED

JUDGEMENT

(1.) Not only the plaintiff company goes by the name of CATERPILLAR an insect but also manufactures and sells variety of goods under the namesake trademark. Another mark it uses is name of an animal, viz. CAT. It is a company incorporated under the laws of the State of Delaware, United States of America having its principal place of business at 100 NE Adams Street, Peoria, Illinois, 61629, United States of America. It has been using these marks in respect of manufacture for construction, mining, roads, building agriculture industries, footwears and garments etc since 3904. These trademarks are extensively used in relation to footwear besides in respect of wide range of garments including sweaters, jackets, shirts, T-shirts, headwear, sweatshirts and gloves etc.

(2.) Plaintiff has through this suit sought permanent injunction against the defendants from infringing of its copy right and also by way of passing off action as the defendants are selling and offering for sale various articles including footwear under the trademarks CAT and CATERPILLAR. They are carrying on their business at non-descript place viz. Ballimaran, Chandni Chowk, Delhi.

(3.) Admittedly the plaintiff has till date not got its trademark and logo registered either under the Trade Mark & Merchandise Act or Copy Right Act of India in respect of footwears though there are Copy Right Registrations in respect of goods other than foot wears.