CISACO TECHNOLOGIES Vs. SHRIKANTH

JUDGEMENT

(1.) Notice, returnable for 5th July, 2005.

(2.) Learned counsel for the plaintiff.submits that 'CISCO products such as routers and switches are mission and human critical hardware components used in network infrastructure. Counsel states that the product of the plaintiff is used in critical networks such as railways, air-traffic control, hospitals, air defences etc. It is submitted that malfunctioning/failure of the product of the plaintiff would result in huge losses due to failure of these networks. Counsel submits that keeping in view the citical importance of the product in question, it becomes imperative to ensure that neither counterfeit sales nor sales by mis-representation take place. Counsel urges that public interest has to be kept in mind while determining the issue whether ex-pare ad interim relief should flow to the plaintiff at this stage or not.

(3.) Plaintiff is selling its products aforenoted used in computer hardware since the year 1984. Plaintiff is vending the product under the trademark 'CISCO' and is using a 'Bridge Device.