JUDGMENT

A.K. Sikri, J. The instant Suit filed by the plaintiff is for permanent injunction restraining the infringement of copyright, passing off, damages and delivery up, etc. Plaintiff is a Company incorporated under the laws of the State of Delaware, U.S.A. It is having its principal place of business at Illinois. U.S.A. It is the proprietor of the trade mark CATERPILLAR and CAT. The Plaintiff claims that the CATERPILLAR trade mark was first used in the U.S.A. in 1904 by Benjamin Holt and registered as Reg. No. 79056 in the U.S.A. in 1910. This registration is still valid and subsisting. Caterpillar Tractor Co. was incorporated in California, U.S.A. in 1925 by the merger of two predecessor companies, i.e. Holt and Best. In 1986, Caterpillar Tractor Co. changed its name to Caterpillar Inc. Since incorporation in 1925, the mark/name CATERPILLAR has become extremely well known around the world, primarily for the manufacture of heavy machinery for the construction, mining, road building and agricultural industries.

2. It is also stated in the plaint that the products manufactured by the plaintiff include Track-type tractors, Waster Disposal Arrangements, Agricultural products, Motor Grades, Excavators, Mass Excavators, Front shovels, Articulated Trucks, Wheel Tractors, Soil Compactors, Landfil Compactors, Track-Loaders, Integrated Tool Carriers, Backhoe Loaders; Wheel Loaders, Cold Planers, Asphalt Pavers, Road Reclaimers/Soil Stabilisers, Vibratory Compactors, Pneumatic. Tired Compactors, Log Loaders, Feller Bunchers, Forest Machines, Track Skidders, Pipe-layers, Scrapers, Trucks, Tractors, Engines, etc.

3. It is further stated in the plaint that the plaintiff's earth moving equipment, engines, construction and road building equipment have been regularly imported to India for the last several decades. Consequently, the plaintiff's trade marks CAT/ CATERPILLAR are well known in India. The plaintiff's product were distributed through Larsen & Toubro, General Marketing and Manufacturing Company Limited and Tractors (India) Limited, in India. The plaintiff has entered into a collaboration agreement with Hindustan Motors Limited and the latter, in technical collaboration with the plaintiff, manufactures and sells engines. The plaintiff is at present selling its earth moving equipment, construction and road building equipment and other heavy equipment through Hindustan Power Plus Limited, Hosur.

4. Apart from the aforesaid products, the plaintiff-Company uses the trade mark CATERPILLAR/CAT in relation to boots and shoes, wide range of garments, including sweaters, jackets, shirts, T-shirts, sweat-shirts, gloves and other sporting goods and outdoor wear, etc. The plaintiff also claims that it enjoys specific reputation and goodwill among the elite class of customers in India and other countries in respect of its foot wear and clothing articles bearing the trade marks CAT and CATERPILLAR. These trade marks are registered in over 75 countries. In India also these trade marks are registered in respect of goods specified in Class VII and Class XII namely basically for tractors, tractor engines, equipment and fittings of tractors, diesel engines and other power supply machinery as well as scrapers, sugar mills, rollers, etc.

5. Admittedly in India there is no registration under the trade marks CATERPILLAR and CAT in respect of footwear and clothing. However, the plaintiff has claimed that even these products enjoys good reputation in India. The plaintiff is also claiming protection of these marks under Indian Copyright Act, 1957. It is stated that every licensed product of the plaintiff carries a circular seal bearing the CAT logo within an inner circle and the statement "A Licensed Product of Caterpillar Inc." on the tongue. The plaintiff is the owner of copyright in the said CAT/CATERPILLAR logo, a specimen whereof is filed in these proceedings. The said logo comprises a distinctive getup, layout, arrangement of features and co