LAWS(BOM)-2013-8-125

INTELGAIN TECHNOLOGIES PVT. LTD Vs. REGIONAL DIRECTOR

Decided On August 21, 2013
Intelgain Technologies Pvt. Ltd Appellant
V/S
REGIONAL DIRECTOR Respondents

JUDGEMENT

(1.) By this Petition which is filed under Article 226 of the Constitution of India, Petitioner is seeking an appropriate writ, order and direction for quashing and setting aside the order dated 30/03/2012 passed by Respondent No.1 and, secondly, for an appropriate writ, order and direction, directing Respondents not to charge, levy any fine and or penalty as imposed in the impugned order.

(2.) Brief facts are as under:-

(3.) Petitioner is a Private Limited Company duly incorporated under the Provisions of the Indian Companies Act, 1956. Respondent No.2 is a Company which is registered in California in United States of America and also in India under the name and style of INTELGAIN TECHNOLOGIES Pvt Ltd. Petitioner Company received a legal notice dated 29/9/2010 sent by Respondent No.2, alleging that there was an infringement of their trade mark 'INTEL' by the Petitioner. By the said notice, Petitioner was asked to refrain from using the mark 'INTEL' as a part of their corporate name. In the said notice, it was stated that the world-wide sales turnover of Respondent No.2 for the year 2008 was in excess of $37.6 billion and that Respondent No.2 had been exporting goods to India as early as and as far back as 1972. Thirdly, it was stated that the INTEL brand had been consistently ranked among the first 10 brands by leading independent publications. Fourthly, it was submitted that Respondent No.2 is the proprietor of trade mark 'INTEL' under various Registration Numbers. It was further stated that Respondent No.2 had recently come to know that the Petitioner had been using the trade name INTELGAIN TECHNOLOGIES Pvt. Ltd which contains the mark INTEL of Respondent No.2 and it formed a predominant part of the said name. It was contended that it amounted to trade mark infringement, passing off and dilution of trade marks. A reply was given by the Petitioner on 7/10/2010 to the said notice.