HITACHI LIMITED Vs. RAM KISHAN GALHOTRA

JUDGEMENT

(1.) The plaintiff is Hitachi Ltd., a Company incorporated in Japan, and the defendants are persons carrying on business in Delhi. The plaintiff has the filed the suit and prays for the following reliefs:-

(2.) The plaintiff has filed an application for injunction. Inasmuch as the defendants have conceded that the name HITACHI in English if used by the defendants would be infringing the rights of the plaintiff in the trade mark. The facts need not be stated in detail. However, the learned Counsel for the defendants contended that they would be within their rights in using the same in Hindi and, therefore, to the extent that the defendants would be entitled to use the HITASHI name in Hindi the claim of the plaintiff should be rejected.

(3.) Under exactly similar circumstances. Their Lordships Hon'ble the Chief Justice and Mr. Justice Anil Dev Singh had occasion to consider the claim of a person to use the same name in Hindi, in FAO (OS) 169/94. By judgment dated 31st of March 1995 the Bench held that use of the word in Hindi is not permissible and setting aisde the order of the learned Single Judge refusing to grant interim injunction was set aside and injunction was granted restraining the respondent therein from using the mark HITASHI in Hindi/Devnagri script.