INTEL CORPORATION Vs. THEVA MURUGAN

JUDGEMENT

(1.) The plaintiff has filed the present suit praying inter alia for grant of permanent injunction restraining the defendants from infringing its trademark, for passing off, delivery up, damages, etc.

(2.) The plaintiff is a company incorporated under the laws of the State of Delaware, USA and is engaged in the business of developing advanced integrated digital technology platform for the computing and communication industries. The plaintiff is aggrieved by the use of a deceptively similar mark as its trademark "INTEL" by the defendants in their trade name "INTEL EXPRESS CARGO" and "INTEL IMPEX".

(3.) Counsel for the plaintiff submits that the defendants are engaged in the business of providing services related to shipping and cargo handling, import and export of goods and by using the word "INTEL" as a key part of their trade name, they are infringing upon the plaintiff?s trademark. He states that the plaintiff has been using the mark "INTEL" as the corporate name on its products ever since the year 1968, i.e., the year of its incorporation and initially the use of the said mark had commenced in the United States of America and subsequently, the same was extended to other countries in the world. The plaintiff states that it has branch offices in various parts of India, with a network of dealers and distributors spread throughout the country. In the year 1969, the plaintiff had adopted a distinctive style for representing the "INTEL" mark, popularly known as the Intel "dropped-e? logo, which has been publicized widely. The word, "INTEL" is written in such a manner that the alphabet "e" is not in the same line as the other alphabets.