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2022 Supreme(Del) 1888

NAVIN CHAWLA
Western Digital Technologies Inc. – Appellant
Versus
Raaj Computer – Respondent


Advocates appeared:
Ms. Tanya Varma, Ms. Devyani Nath, Advs., for the Plaintiff; None., for the Defendant

JUDGMENT

1. The present suit has been filed by the plaintiff seeking inter alia a decree of permanent injunction restraining the defendant, its proprietor, partners, representatives and/or others acting for and on its behalf from selling, offering for sale, advertising or otherwise dealing in infringing goods which bear the plaintiff's registered trade marks 'WESTERN DIGITAL', and/or 'WD' (hereinafter referred to as 'Western Digital trade marks')

FACTUAL BACKGROUND

2. It is the case of the plaintiff that the plaintiff-company was founded in April 1970 as 'General Digital', and in July 1971, it adopted its current name and trade mark 'WESTERN DIGITAL' as part of its corporate name. The plaintiff, a wholly-owned subsidiary of Western Digital Corporation, is one of the largest computer hard-disk drive manufacturers in the world.

3. The plaintiff is a world-renowned manufacturer and marketer of inter alia storage devices, media players, routers/switches/bridges, comprising of Original Equipment Manufacturer (in short, 'OEM')/ system manufacturer, desktop, and enterprise, solid state d

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