DISNEY ENTERPRISE Vs. RAJESH BHARTI

JUDGEMENT

(1.) The plaintiff has filed the present suit for permanent injunction restraining infringement of trademark, passing off, damages, rendition of accounts and delivery up of the infringing material etc. The prayer clause in the plaint is reproduced hereinbelow:-

(2.) The plaintiff, namely, Disney Enterprises, Inc., is a Corporation organised and existing under the laws of the State of Delaware in the United States of America with its principal place of business at 500 South Buena Vista Street, Burbank, California 91521-6840, USA.

(3.) The plaintiff claims both common law trademark rights as well as trademark registrations for the trademark DISNEY and Disney devise marks in more than 58 countries the world over. The Certificate for Use in Legal Proceedings evidencing plaintiff's registration of both a variety of word and device marks in India has been exhibited as Ex. PW 1/8.