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2022 Supreme(Del) 128

ASHA MENON
HTC Corporation – Appellant
Versus
LV Degao – Respondent


Advocates Appeared:
Mr. Hemant Singh, Ms. Mamta Jha, Mr. Waseem Shuaib Ahmed, Mr. Sambhav Jain, Mr. Abhijeet Rastogi And Mr. Abhishek Kumar, Advocates, for the Appellant, Mr. J. Sai Deepak, Mr. G. Natraj, Mr. Avinash Sharma, Mr. R. Abhishek And Mr. Ankur Vyas, Advocates, Mr. S.K.Sharma, Advocate, for the Respondent.

ORDER

I.A. 5795/2020 (by the plaintiff u/O XXXIX R-l & 2 CPC for interim injunction)

1. This order will dispose of the application [I.A. 5795/2020] under Order XXXIX Rules 1 & 2 Code of Civil Procedure, 1908 (for short, "CPC") filed by the plaintiff along with the suit for declaration, permanent injunction, restraining infringement of trade mark, passing off, dilution, unfair competition, rendition of accounts/damages, delivery up etc.

2. The plaintiff is a company incorporated under the laws of Taiwan and claims to be a leading manufacturer of consumer electronic items, such as, smart phones, mobile phones, personal digital assistant (PDA) devices, virtual reality head-mounted displays, etc. The plaintiff was initially incorporated in the year 1997 as High Tech Computer Corporation', but gained popularity quickly as "HTC" and has been known as such since 1998. The plaintiff also used these alphabets for the first time in 1998 in relation to its product i.e., a phone named "HTC Kangaroo". In 2008, the plaintiff formally changed its name to "HTC Corporation" reflecting the growing

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