CANON KABUSHIKI KAISHA Vs. B MAHAJAN

JUDGEMENT

(1.) By this order I propose to dispose off IA No. 525/2007 under Order 39 Rules 1 and 2 CPC filed by the plaintiff and IA No. 1632/2007 under Order 39 Rule 4 CPC filed by the defendant. Counsel for both the parties have addressed their arguments and have relied upon the record and various judicial pronouncements.

(2.) The plaintiff, Canon Inc., is a Japanese company manufacturing professional and consumer Imaging Equipment and Information Systems. The plaintiff company has filed the instant suit for seeking the relief of a perpetual injunction restraining infringement of trademark Canon and infringement of their copyright in the stylised manner in which the said mark is used, and for passing of, delivery up and rendition of accounts. Plaintiff's contentions:

(3.) The plaintiff company, under the trademark Canon, started its operations around 70 years ago and has, over the years, earned itself the reputation of manufacturing and selling cameras and multimedia machines which are a benchmark in the industry. Plaintiff company has offices in almost all major countries of the world and manufacturing units in America, Germany, France, Taiwan, Korea, Malaysia, Thailand, Singapore, Vietnam, China. It has been adjudged as one of the 'Best Global Brands of the Year' for the year 2005. The turnover of the company for the financial year 2005 was US dollar 21,017 million. The mark Canon, as adopted and used by the plaintiff, is an arbitrary word in relation to its business and is distinctive of the plaintiff. The plaintiff adopted and commenced the use of the trademark Canon in the year 1935. The plaintiff are the registered proprietors of the mark Canon in classes 6 and 20 in India. The mark is registered in over 180 countries and regions world over.