RED HAT INC Vs. HEMANT GUPTA

JUDGEMENT

(1.) By this order, I propose to decide the pending application filed by the plaintiff under Order XXXIX, Rules 1 & 2 read with Section 151 CPC, being I.A. No.10679/2011, restraining the defendants, their directors, principals, proprietors, partners, etc. from using the offending mark RED HAT along with a device which is deceptively similar to the plaintiff's SHADOWMAN device and/or the plaintiff's mark RED HAT, the SHADOWMAN device and the composite mark as a trade mark or part of a trade mark, a trade name or corporate name or as part of a trade or corporate name, domain name or as a part of a domain name, as a meta tag or otherwise on the internet or the worldwide web, or in any other manner whatsoever so as to infringe the registered trademarks of the plaintiff or passing off their services of business as and for the services or business of the plaintiff.

(2.) The fact of the matter is that the plaintiff company is into open source services which is primarily divided into three main heads, namely:-

(3.) The plaintiff formed a Joint Venture in India with Clover Technologies. Plaintiff states that it has played key roles in developing E-Court project, HDFC Bank had used plaintiff's product, JBoss Enterprise Application Platform for implementing web based solution for improved productivity, efficiency. New India Assurance also had used plaintiff's products to build cost effective, scalable and secure infrastructure. Besides this plaintiff had executed MOUs with the various State Governments liked Tamil Nadu, Kerala for supporting the state's development.