Intel Corporation Vs S.P. Gupta (Delhi High Court)
Conclusion: Delhi HC granted permanent injunction to INTEL on the ground that the lis no longer exists between the parties and the Defendants were willing to suffer permanent injunction in terms of the prayer clause 37(i) & (ii) of the plaint, which was pertaining to prevent defendants to use the word INTEL as their trademark and trade name.
Facts: The Plaintiff had filed the present suit in 2006 against three entities. The suit was for permanent injunction restraining trademark infringement, passing off, damages, delivery up, etc. The grievance of the Plaintiff in the present suit is the use of the mark ‘INTEL’ as part of the trading style, corporate name, and domain name, etc. by the Defendants as also as trademark in respect of the Defendants’ products.
The Plaintiff, incorporated in 1968, is engaged in the business relating to computers and computer parts, including, semi-conductor devices, memory chips, microprocessors, central processing units, motherboard, The Plaintiff is a multi-national corporation with business operations in more than 40 countries and 199 offices worldwide, at the time of filing of the suit. The Plaintiff had been exporting products to India as far back as 1972 and it formally established its operations in Indian the year 1988 with opening of a branch office in Bangalore. The Plaintiff has also opened up operations in various other cities through its subsidiaries. The Plaintiff is the world’s leading developer and manufacturer of microprocessors and other building blocks for computer and internet industry. As per the plaint, the Plaintiff is stated to have introduced the world’s first microprocessor in 1971.
As per the plaint, in the first week of November, 2005 the Plaintiff came across the website of the Defendants under the domain name intelgasgadets.com. On further enquiries, it came to the knowledge of the Plaintiff that Defendant No.1 has incorporated various companies containing the name ‘INTEL’, the name of the companies being:
