FORD MOTOR COMPANY Vs. C.R.BORMAN

JUDGEMENT

(1.) Plaintiffs have filed the present suit for permanent injunction, restraining infringement of trademarks, passing off, rendition of accounts of profits, damages, delivery up, etc.

(2.) As per the plaint, which is duly supported by an affidavit of Mr.Mark S. Sparschu, plaintiff no.1, Ford Motor Company, is a corporation organized and existing under the laws of Delaware, United States of America and having its principal place of business at Michigan, United States of America. In the plaint, the plaintiffs have given in detail the background of the plaintiffs business and how the trade mark, trade name and house mark of the plaintiffs "FORD" was derived from its founder, Mr.Henry T. Ford, who started the Ford Motor Company in the year 1903. The plaintiffs have also detailed how over the past more than 100 years FORD has grown and continuously expanded its business and has become one of the biggest industrial conglomerates in the world.

(3.) Section 2 (1) (zg) of the Trade Marks Act, 1999 defines "well-known trade mark", in relation to any goods or services as a mark which has become so to the substantial segment of the public which uses such goods or receives such services that the use of such mark in relation to other goods or services would be likely to be taken as indicating a connection in the course of trade or rendering of services between those goods or services and a person using the mark in relation to the first-mentioned goods or services.