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1991 Supreme(Del) 297

MAHINDER NARAIN
APPLE COMPUTER INC – Appellant
Versus
APPLE LEASING AND INDUSTRIES LIMITED – Respondent


Advocates Appeared:
G.M.DAVE, H.S.PARIHAR, J.D.DWARKADAS, P.N.SEVAK, R.K.P.SHANKAR DAS, VIVEK GROVER

Mahinder Narain

( 1 ) BY this order, I propose to deal with an application bearing I. A. No. 7678 of 1989, for interim injunction, filed by the plaintiff in Suit No. 2751 of 1989.

( 2 ) THE plaintiff/applicant is stated to be a company organised under the laws of California, United States of America, and has its principal office at 2-525 Mariani Avenue, Cupertino, California 95014, United States of America. It is asserted by the applicant company that it, and its subsidiary companies are internationally well known manufacturers of well known manufacturers of computers, computer peripherals and computer software that the applicant company had grown from a backyard garage enterprise in California s Silicon Valley to a U. S. $ 4. 07 billion corporation embracing an organisation network that spans all five continents-all in just about 12 years.

( 3 ) THE applicant says that the first Apple Computer (Apple I) was a "kit" designed for enthusiasts and hobbyists, (kit being unassembled component parts supplied in a container which are to be put together by a person capable of doing so by following instructions given along with the kit ). This Apple I (marketed in 1976) the applicant says, w

















































































































































































































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