The central legal point established in the judgment is the extensive reputation and goodwill associated with the trademark INTEL, leading to the grant of a permanent injunction against the defendant for trademark infringement and passing off.

Gita Mittal, J.-In this suit coming up for ex parte adjudication, M/s. Intel Corporation has complained of infringement of its trademark, alleged passing off by the defendant of its goods as those of the plaintiff and has sought the reliefs of injunction and rendition of accounts against the defendant.

2. The plaint has been signed and verified and the suit is instituted by Mr. Rahul Sethi who is duly authorized by a Power of Attorney exhibited as PW 1/1 before this Court. The plaintiffs a company organized and existing under the laws of the State of Delaware, USA having its place of business at Robert Noyce Building, 2200 Mission College Boulevard. P.O. Box No. 58119, Santa Clara. CA 95052-8119. USA.

3. Such facts as are undisputed and established on record are noticed hereafter. The plaintiff is engaged and has acquired a worldwide reputation in its business relating to the internet, electronic computer and parts thereof including semi-conductor devices, memory chips, microprocessors, central processing units and other computer related products under the trade name and trademark containing the word INTEL.

4. INTEL is a coined word and the plaintiff claims a high degree of inherent distinctiveness in the same. Since its inception in 1968, the plaintiff has grown into a global corporation currently employing an estimated 85000 people in its subsidiary companies throughout the world and having a global turnover of US $ 34.2 billion. The plaintiff has asserted increase in its turnover by 13.5% from 2003. It has 294 worldwide offices covering all regions and is amongst the largest computer microprocessor manufacturer and distributor in the world. The word INTEL was coined by the plaintiff as its corporate name and trademark on its products since 1968. In 1971. the plaintiff introduced the worlds first microprocessor, a technology that has made a significant contribution and has revolutionized the world. The plaintiff has spent in excess of US $ 4.7 billion in 2004 alone on research and development programme.

5. The use of the name and mark INTEL which was first introduced in the United States has been extended to all other countries of the world. The plaintiffs products and services under the mark INTEL are sold in more than 100 countries including India and this name and mark has encompassed within itself. every facet of the computer industry including software and the internet. Innovations and improvement effected by the plaintiff have greatly improved the computing experience for personal computer user and has enabled provision of faster and more powerful information and data processor, the most recent of which is plaintiffs Intel-Centrino TM Mobile Technology.

6. The plaintiff has effected dramatic changes and improvement in the different softwares to be used with the computer and thereby INTEL has acquired global acceptance, respect and fame. The plaintiff has expanded the use of its, INTEL mark on products beyond computers in view of the fame and quality attached thereto. All these products can be seen and purchased at Intel corporations online stores i.e. The Intel Store and SHOP INTEL. According to the plaintiff, this business is more than merely a promotional sale and generates substantial revenue for the plaintiff. Amongst other products the products of Intel Corporation includes T-shirts, polo shirts, denim shirts, desk accessories, attaches and novelty items. Furthermore. M/s. Intel also offers these items for sale through UNIQUELY INTEL catalogues. The plaintiff is maintaining its websites which includes www. intelstore.com and www.shop-intel.com. To effect sale of these products the plaintiff has alleged that it makes several hundred thousand of US dollars from its sales of non-computer products.

7. Since 1969, the plaintiff has adopted a distinctive style for representing its trademark INTEL which is popularly known as the Intel dropped e logo. This logo has also been given wide publicity and is exclusively ident