HITACHI LIMITED Vs. AJAY KR AGARWAL

JUDGEMENT

(1.) Admit.

(2.) This is an appeal under Section 109(2) of the Trade & Merchandise Marks Act,1958 (for short "the Act") against the order of the learned Single Judge dated May 24, 1994 whereby he declined to grant an ad interim injunction restraining the respondents from using the trade mark " HITAISHI " in Hindi script, though an ad interim injunction was granted to the plaintiff-appellant restraining the defendants- respondents from marketing and selling their goods under the trade name " HITAISHI" written in English script. The factual matrix of the case as set out in the plaint is as follows:

(3.) The appellant is a multi national Corporation having its Head office in Tokyo.It carries on business through several consolidated subsidiaries and non- consolidated subsidiaries and affiliatees in many parts of the world including service net work in 41 countries. The appellant is engaged in diverse activities including the manufacture and sale of wide and varied range of products under the trade name "HITAICHI". International sales of the appellant in the year 1992 exceeded Yen 40 million. In the 1992 Directory of Global Corporations, the appellant is recorded as the 12th largest industrial corporation of the world. In this regard in para 2 of the plaint it is averred as follows: