TIMBERLAND COMPANY Vs. ROHIT BAJAJ AND OTHERS

JUDGEMENT

(1.) Plaintiff, a company duly incorporated under the laws of the State of Delaware, USA, filed this suit for permanent injunction restraining infringement of trademarks, passing off, dilution, damages, delivery up, etc. against the defendants. The defendants in the matter are exparte.

(2.) Brief facts as stated in the plaint are that since the year 1973, the plaintiff is engaged in the manufacture and marketing of branded apparel and footwear under the trademarks TIMBERLAND and TREE DEVICE. The trademark TIMBERLAND constitutes a key and essential feature of the trading style and corporate identity of the plaintiff. It has been stated that the plaintiff's origin dates back to 1918 when its founder, Nathan Swartz, began his boot-making career as an apprentice stitcher and learned how to craft fine leather boots. The plaintiff was the first to introduce injection-molding technology to the footwear industry which fused soles to leather uppers without stitching, producing one of the first truly waterproof boots.

(3.) As per the plaintiff, the name TIMBERLAND was conceived in 1973 as the brand name for the plaintiff's original waterproof leather boots. As the waterproof leather boots became popular, the plaintiff's company name was officially changed to "The Timberland Company". In the 1970s and 1980s the company expanded into international lifestyle by expanding its product line to casual and boat shoes, clothing and women's footwear. Plaintiff has geographically expanded its business under the trademarks TIMBERLAND and TREE DEVICE through a planned and intensive global marketing drive and made TIMBERLAND brand strong and easily identifiable. The plaintiff has seen a significant evolution in over 30 years and launched the TIMBERLAND PRO series of "Workboots for the Professional" in 1998.