( 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, was followed by Apple II, which was the first personal computer that went beyond the hobbyists market, and its success created an industry.

( 4 ) ACCORDING to the assertions of the applicant, it had targeted the "personal computers" both to the business and the education markets from the inception. In the year 1979, the Apple Education Foundation was established with its goal to grant complete Apple Systems to schools to enable them to develop new classroom software and integrate computers into their curriculum. By 1982, the Apple Education Foundation had contributed more than S 1 million worth of personal computers to schools. It began to expand into Europe and established a plant in Cork, Ireland and a European Support Center in Zeist, the Netherlands. The applicant contends that it had a successful public issue in 1980, whereafter it announced "appleseed" a computer literacy programme that would provide elementary and high schools with computer course materials. The applicant also asserts that in the year 1983 it made donations to 10,000 public and private schools to have complete computer system. The applicant also asserts that it launched a personal computer which it called "maclntosh", and a numerous colleges and universities are alleged to have taken major development programmes with the Maclntosh computers.

( 5 ) THE applicant asserts that whereas Apple II computer was the mainstay of the primary and secondary education, the Maclntosh catered to corporate business, public sector and higher education. It is asserted that the applicant also sparked off the Desk Top publishing (DTP) revolution in 1985.

( 6 ) THE applicant also asserts that 33% of the applicant s revenues come from outside the United States and that its turn over increased from 47. 9 million to 4071. 4 million U. S. $ in 1988.

( 7 ) THE applicant asserts that it has, in the course of the business, used, inter alia, the word mark "apple" and "apple logo" to denote Its products and has secured registration of the trade make "apple" and "apple logo" in more than 80 countries around the world.

( 8 ) ACCORDING to the applicant, it had been exporting its products to India since 1977, and during the period October 1984 to September 1985 it had exported to India goods worth 0. 15 crores of rupees. This amount had increased in course of time, and during the period October 1988 to August 1989, it had exported the goods worth 11. 2 crores of rupees to India, and amongst the customers in India were various departments of Government of India, Department of Computer Science, University of Delhi, Indian Institute of Technology Kanpur, National Council for Educational Research and Training, New Delhi, National Institute of Design, Ahmedabad, Nippon Denro Ispat Ltd. , Calcutta, Andhra Pradesh Tech