LAWS(DLH)-2015-6-36

KEYENCE CORPORATION Vs. VACHHANI JALPA PANKAJ

Decided On June 29, 2015
Keyence Corporation Appellant
V/S
Vachhani Jalpa Pankaj Respondents

JUDGEMENT

(1.) Present suit has been filed for permanent injunction for infringement and passing off of plaintiff's trademark KEYENCE as well as unfair competition, dilution, damages, etc. The prayers in the plaint are reproduced hereinbelow:

(2.) At the outset, learned counsel for the plaintiff stated that the plaintiff gave up prayers d, e and f of the plaint.

(3.) The relevant facts of the present case are that plaintiff Company, a developer and manufacturer of automation equipment, is the registered proprietor for the trademark KEYENCE in India since 1984 vide registration numbers 422288, 980857,1874817 and 2191110. Plaintiff has been operating in India since the year 1996 through its authorised distributor, Toshni-Tek International and through its subsidiary in India, Keyence Pvt. Ltd. since 2011. Plaintiff's trademark KEYENCE also forms an essential part of its domain names such as wwwkeyence.co.in, www keyence.com, www keyence.co.jp, etc.