INFOSYS TECHNOLOGIES LTD Vs. ACCESS INFOSYS

JUDGEMENT

(1.) This is a suit of plaintiff for permanent injunction against infringement of his trade mark/corporate name 'infosys' and for rendition of accounts and payment of damages against defendants.

(2.) The suit was filed by the plaintiff contending that 'Infosys Consultants Pvt. Ltd.', was incorporated on 2nd July, 1981 in the State of Maharashtra and shifted its base to the State of Karnataka in 1992. Its name was changed to 'Infosys Technology Pvt. Ltd.' on 21st April, 1992 and was converted to a public limited company on 2nd June, 1992.

(3.) The plaintiff contended that the word 'infosys' was coined by the plaintiff in order to distinguish its business and goods and the plaintiff is maintaining its corporate identity under the said name and its products and services are sold in the market all over the world under the said trade mark. The word 'infosys' by virtue of its inherent distinctive and extensive use has become distinctive of plaintiff in the eyes of the consumers all over the world including India. The trade mark of the plaintiff 'infosys' was got registered with Registration No. 475269 dated 15th July, 1987 in Class 16 of the 4th Schedule of Trade and Merchandise Act, 1958 in respect of computer stationery, computer manuals, printed matter for computer instructions and teachings. The plaintiff is also a registered proprietor of the said mark under Registration No. 475267 as on 15th July, 1987 in class 09 in respect of computer hardware, computer interface, peripherals, etc. Trade mark of the plaintiff is also registered in class 07 in respect of machine, machine tools and motors under No. 484837 as of 27th January, 1988.