JUDGMENT :

Gita Mittal, J.

By this order I propose to dispose of is No. 7907/2005 filed by the plaintiff under the provisions of Order 39 Rule 1 and 2 of the Code of Civil Procedure, 1908 seeking an injunction against the defendant prohibiting it from using the trade mark Hyundai in respect of which the plaintiff has asserted exclusive propriety rights.

2. M/s Hyundai Corporation is stated to be a corporation which is incorporated under the laws of Korea having its head office at Korea with liaison offices in various countries including India. The Hyundai Corporation, plaintiff herein claims to belong to the internationally famous Hyundai group of companies. Some of the other group companies include the Hyundai Heavy Industries Limited, Hyundai Motor Company, Hyundai Engineering and Construction Company Limited. It is contended that several of the Hyundai group companies are actively working in the Indian market and are engaged in the sale of various consumer products falling under various classes under the established trademark Hyundai. Apart from its manufacturing activities, it is contended that the Hyundai Group of companies is also engaged in the marketing of various goods includ