ORDER

1. By this Interim Application, the Applicant / Original Plaintiff has sought for an order of injunction restraining the Defendants from using / infringing / passing off the Applicant’s trade mark “FEDEX” and for other consequential relief.

2. A brief background of facts is as under:-

(i) The Plaintiff is a corporation organized and existing under the laws of the State of Delaware, United States of America and is a global leader in providing transportation, e-commerce and business services to customers under its reputed and recognized brand known as FEDEX worldwide and in India.

(ii) On 17th April, 1973, the Plaintiff commenced its operations in providing services to customers and businesses for express transportation and delivery of their consignment under the trade mark / name FEDERAL EXPRESS.

(iii) The Plaintiff completed its first public offering of shares and has been listed on New York Stock Exchange under the ticker symbol FDX in 1978.

(iv) The Plaintiff surpassed USD 1 billion in revenues, making history as the first Company in USA to reach this financial hallmark within 10 years of start-up without mergers or acquisitions.

(v) The Plaintiff coined and adopted the trade mark