SANJAY KISHAN KAUL, J.

( 1 ) THE plaintiff has filed a suit for restraining infringement of trade mark, passing off, damages and delivery up etc. in respect of name INTEL. The plaintiff has sought permanent injunction in respect of the said name as a trademark, trade name, e-mail and website.

( 2 ) THE plaintiff is a company incorporated under the laws of State of Delaware, usa and is aggrieved by use by the defendants of a deceptively similarly mark to its trademark INTEL in the form of ARTINTEL. The defendants are using the mark artintel as trading style in respect of computers, software development and medical prescription services. The plaintiff claims to be engaged worldwide in the business relating to the field of computers and parts thereof including semi-conductor devices, memory chips, microprocessors, Central Processing Units etc. and have been using the mark/name as its corporate name on its products since 1968, which is the year of its incorporation.

( 3 ) THE plaintiff claims to have carried out pioneering effort in computer technology and in the year 2004 spent excess of $ 48. 7 billion on research and development program alone.

( 4 ) THE INTEL branded products of the

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