Ruma Pal

1. THE petitioner is a Company incorporated in America. It gets its name from its promoter Calvin Klein. Calvin Klein is a resident of America. He is a fashion designer. Before the petitioner was incorporated Mr. Klein designed and sold men's and women's apparel and accessories under the mark Calvin klein or CK. Mr. klein had started his business of tailoring and designing in 1968 using his name Calvin Klein or CK as his trade label. THE petitioner company now carries on the same and other business as the owner of 'Calvin Klein' and 'CK'. THE range of business includes perfumes, toiletry and optical glasses. Goods bearing the name Calvin Klein or CK have been sold by the petitioner or its predecessor-in-interest throughout the world but not in India. THE products bearing the trade mark Clavin Klein and CK have been advertised in diverse magazines such as Vogue, Cosmopolitan, New York Times particularly with regard to denim wear such as jeans, jackets, shirts, skirts and T. shirts etc. THE petitioner has claimed that the magazines in which the petitioner's products have been and are advertised have extensive circulation in the major cities in India.

2. THE petitioner