The plaintiff can establish passing off and infringement under the Trade Marks Act even without direct market presence, provided it demonstrates sufficient reputation and links to its brand.

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, smartphones, 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 popularity of the "HTC" brand.

3. The plaintiff got the Trade Mark registered in India in Class-9 on 12th May, 2006, vide Registration No.1451016 which was valid till 12th May, 2026. It has been doing business in India using the said Trade Mark since 2007, though it had begun using it internationally since 2006. In 2008, the plaintiff also launched the first ever Android-based mobile phone under the trade mark /HTC Dream in India. It applied for and was granted registration of the Trade Mark on 24th January, 2008 vide Registration No.1645578 in Class-9 in India. On 24th November, 2011, the plaintiff applied for and was granted registration of its Trade Mark in Class 9 in India. On 7th March, 2014, the plaintiff obtained international registration for the Trade Mark in China in Class 9 vide Registration No.6481646 and on 21st March, 2015, in Class 8 vide Registration No.12262154.

4. The details of the registration in more than 90 jurisdictions across the world have been listed in para No.8 of the plaint, and in India, in para No.9 of the plaint, which are reproduced as under: -

TRADE MARK REGISTRATIONS - INTERNATIONAL

Sl. No.	Trade Mark	Registration No.	Registration Date	Class	Country
1.		1220583	23/1/2008	9	Australia
2.		829569715	28/1/2008	9	Brazil
3.		6540975	4/12/2008	9	European Union
4.		5226352	24/4/2009	9	Japan
5.		1226215	21/3/2015	8	China
6.		8020903	7/3/2014	9	China
7.		3636164	09/06/2009	9	United States of America
8.		393552	12/11/2009	9	Russia
9.		T0800791B	23/1/2008	9	Singapore
10.		106187	9/2/2011	9	United Arab Emirates
11.		571980	22/1/2008	9	Switzerland
12.		60914	28/8/2009	9	OAPI (African Intellectual Property Organization)
13.		40-0846192	13/12/2010	9	Korea
14.		8001302	27/12/2007	9	Malaysia
15.		142900382	4/7/200