INFOSYS TECHNOLOGIES LIMITED Vs. INNOVATIVE INFOSYS P LIMITED

JUDGEMENT

(1.) This appeal arises out of a suit for injunction, infringement of trade mark and name & damages filed by the appellant against the defendant/respondent in this appeal. The plaintiff's case in the suit was that appellant Infosys Technologies Limited has got its trade mark "Infosys" registered under number 475269 in class 16 of the trade and Merchandise Marks Act, 1958 in respect of computer stationery, computer manuals, printed matter for computer instructions and teaching material. Its further case is that another application in mark Infosys being application No. 475267 dated 15.07.1987 in class 9 is in respect of computer hardware, computer inter faces, computer peripherals, electronic telex inter faces and all goods covered in class 9 has been filed and is pending registration. Two similar other applications being application Nos. 637314 and 637315 both dated 18.08.1994 in class 16 in respect of computer software, stationery, manuals, printed matter, brochure, instructional and teaching material and class 9 in respect of computer hardware, data modules, motion control devices, warehouse management system, customer service management systems as used in banks, automatic teller machines, etc. are also pending registration.

(2.) The grievance of the plaintiff/appellant in the above background was against incorporation of the defendant in name of Innovative Infosys Private Limited in which the key and the most prominent feature of its name is identical to the most significant portion of the plaintiff's corporate name i.e. Infosys. According to the plaintiff, the defendant had not started its business and, therefore, deserved to be restrained from using the trade name of the plaintiff/appellant.

(3.) The defendant, it appears, did not appear before the trial Court to contest the suit. Even so, the trial Court has vide its Judgment and decree impugned in this appeal dismissed the suit holding that the two trade names are different and that innovative Infosys is different from Infosys which is a registered trade mark of the plaintiff/appellant. The present appeal calls in question the correctness of the said judgment and appeal.