JUDGMENT :

Badar Durrez Ahmed, J.

The plaintiff had instituted the present suit for permanent injunction, infringement of trademark, damages etc. against the defendants. The plaintiff claims to be engaged in the field of printed matter, paper articles, newspapers, periodicals, comic magazines, cartoon strips, story books, films etc. The plaintiff claims to be the proprietor of the Archie Comic Publications as well as the 'ARCHIE' Trademark and its variations which, inter alia, include ARCHIE'S, LITTLE ARCHIE, THE ARCHIES, ARCHIE COMICS etc. The plaintiff has alleged that the trademark 'ARCHIE' was adopted by it in 1942. It also forms part of the plaintiff's trade name. It is contended that by virtue of the long, continuous, open and extensive use by the plaintiff, the 'ARCHIE' trademarks have become intertwined with the identity of the plaintiff and as a result, consumers all over the world, including those in India, associate the 'ARCHIE' trademarks with the plaintiff and nobody else.

2. It is also alleged in paragraph 4 of the plaint that in 1966 Archie Comics were imported into India. There is also a reference to an invoice issued by the plaintiff to Variety Book Depot in New Delhi