1. The plaintiff has filed the present suit for permanent injunction for restraining the defendant from infringing the plaintiff’s registered trade mark ‘Timken’, copyright, passing off, rendition of accounts, delivery, etc. In IA No.21/2010, the plaintiff is seeking interim injunction against the defendant during the pendency of the suit.

2. Plaintiff’s case

2.1. The plaintiff, a company incorporated in the USA, is the registered proprietor of the trade mark ‘Timken’in classes 4, 6, 7, 9, 12, 16 and 37. The earliest registration(s) dates back to 1st June, 1942. The plaintiff’s trade mark “Timken” is also registered in various other countries including Australia, Canada, Hong Kong, New Zealand, Singapore, U.K. and U.S.A.

2.2. The plaintiff adopted the trade mark ‘Timken’more than 100 years ago in 1899. The trade mark ‘Timken’is the surname of the plaintiff’s founder Mr. Henry Timken. According to the plaintiff, no other business entity is found to be using ‘Timken’in the capacity of trade mark/name in relation to goods/services or a corporate name anywhere in the world.

2.3. In 1929, the plaintiff conceived and adopted the artwork consisting of a combination of particular