INDERMEET KAUR, J.

I.A. No. 16583/2014 (under Order XXXIX Rules 1 & 2 of the Code) & I.A. No. 23361/2014 (under Order XXXIX Rule 4 of the Code)

1. The plaintiff is the Columbia Sportswear Company registered under the laws of United States of America. In the year 1938, it had conceived and adopted the mark COLUMBIA as its trade name and trade mark. It continues to be a global leader in the design, sourcing, marketing and distribution of active outdoor apparel and footwear. It has developed an international reputation for its quality, performance and value. Its reputation is unparalleled and the value of its produce under the trade mark COLUMBIA is well known. Its packaging and trade dress has also acquired an enormous goodwill and reputation in the market; it has a secondary meaning with respect to the plaintiffs products. The plaintiff has employed more than 4500 employees and distributors around the world to sell its products throughout the globe including India. The plaintiff has been a recipient of various industry awards for its high level performance. It has a strong association with the Indian territory and a variety of its goods bearing the plaintiffs trade mark COLU