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DELHI HIGH COURT
NAVIN CHAWLA
Western Digital Technologies Inc. – Appellant
Versus
Raaj Computer – Respondent
| Table of Content |
|---|
| 1. plaintiff's trademark ownership and use (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 2. evidence of trademark infringement (Para 12 , 13 , 14 , 15) |
| 3. court's interim actions and findings (Para 16 , 17 , 18) |
| 4. court's reasoning on trademark protection (Para 20 , 21 , 22 , 23 , 24 , 25) |
| 5. doctrine of exhaustion and product tampering (Para 26 , 27) |
| 6. infringement proven, injunctive relief granted (Para 28 , 29) |
| 7. damages awarded due to defendant's inaction (Para 30 , 31 , 32 , 33) |
| 8. final decree of the suit (Para 34) |
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
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