INTEL CORPORATION Vs. HARPREET SINGH

JUDGEMENT

(1.) Ia No.3293/2015

(2.) As per the plaint the plaintiff states that it is the world's largest semiconductor chip maker and the plaintiff and its subsidiaries are engaged in the business of developing advanced integrated digital technology platforms for the computing and communication industries. The plaintiff's products include microprocessors chipsets, motherboards, flash memory, wired and wireless connectivity products etc. The details of the plaintiff's functioning/operation worldwide have been stated in Para 1 of the plaint. It has been further stated that the mark INTEL/formed part of the corporate name and a mark for its product since 1968, the year it was incorporated. Intel Logo was adopted in 1969. In India the plaintiff has formally established its operation in 1988 with opening of its branch in Bangalore. However, products have been exported to India since 1972. It is also pleaded that the plaintiff uses its INTEL mark on products beyond computers also. This brand is being used in many consumer electronic products including set-top boxes, media centres, digital audio and video devices and household appliances such as microwave ovens. Other items including products like Tshirts, polo shirts etc. have also been sold with the said brand. Details of the sales, advertisement, promotional expenses etc. have been given in the plaint in paragraph 13. In paragraph 16 of the plaint, the details of registration of the INTEL word mark in various classes have been stated.

(3.) In the plaint it is further pleaded that the defendants are engaged in the construction business and are trading under the name of Intel Constructions Private Limited. It is stated that around December 2009 the plaintiff during the course of search into the record of Registrar of Companies (ROC) record came across the defendants company. It is believed by the plaintiff that the defendant company has been incorporated to benefit from the reputation and strength of the INTEL mark. It has also been stated that presently the defendant company currently exists on paper but it can be activated to enlarge their scope of operation, leveraging the strength of INTEL mark. It is pleaded that the plaintiff is aggrieved by such continued use of its well known trade name/ trade mark by the defendant. It is pleaded that the defendants adoption and use of the INTEL mark as trade name amounts to wilful infringement of the plaintiff's registration for the mark INTEL in particular registration Nos.678000, 803796, 1240068 within the meaning of section 29(4) and (5) of the Trademarks Act, 1999. It is further stated that the defendants have adopted the trade name INTEL to benefit from the plaintiff's envious reputation. Hence, it is pleaded that the defendants have been engaged in passing off their business as that of the plaintiff's business.