INFOSYS TECHNOLOGES LIMITED Vs. MARWADI INFOSYS PVT LTD

JUDGEMENT

(1.) THE plaintiff in this suit seeks permanent injunction to restrain the defendants, their assigns, employees, servants agents, dealers or representatives and any others acting on their behalf, from filing any trademark application for the mark "infosys" or "infy" ("the mark") in isolation or conjunction with any other mark or name and from passing off their goods and/or services and/or business by manufacturing, marketing, selling, advertising, directly or indirectly dealing in goods/services under the trade mark "infosys", or otherwise using the expression INFOSYS or infy, whether used in isolation or in conjunction with any other word/expression. They also seek further restraint of the defendants from infringing the registered trade mark Nos. 475269, 475267 and 484837 and subsequent registrations along with an order for delivery up of all goods, stationery including letterheads and business cards, dies, blocks or any other articles bearing the impugned trade mark "infosys" or capable of reproducing the mark/ name "infosys" for destruction and erasure. Damages for Rs. 20 Lakhs are also claimed.

(2.) THE Plaintiff was incorporated as Infosys Consultants Pvt. Ltd. on 02. 07. 1981. In April, 1992, it shifted its base from the state of Maharashtra to Karnataka and in April, 1992 it changed its name to Infosys Technologies pvt. Ltd. ; in June, 1992 it became a public company. The plaintiff contends that due to long, extensive use and substantial promotional activities, the mark/name has acquired phenomenal goodwill and reputation, and consumers and general public all over India associate the trade mark/name exclusively with the plaintiff. It claims that its mark is a well-known trade mark as defined in section 2 (l) (zg) of the Trade Marks Act, 1999 (hereafter "the Act" ).

(3.) THE plaintiff contends that the first defendant, Marwadi Infosys Pvt. Ltd. , is engaged in the business of computer related products, which is similar and directly relatable to its (plaintiffs) business. The second, third and fourth defendants are the directors in the first defendant company and in effective control and administration of the affairs of the first defendant.