*IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 20th February, 2014.

+ CS(OS) 3466/2012 DISNEY ENTERPRISES INC. & ANR. ..... Plaintiffs Through: Mr. Aditya Kutty, Adv.

Versus BALRAJ MUTTNEJA & ORS. ..... Defendants Through: None.

CORAM :-

HON’BLE MR. JUSTICE RAJIV SAHAI ENDLAW

1. The plaintiffs have filed this suit inter alia claiming infringement and dilution of their registered trade marks and violation of their copyrights by the defendants, as well as passing off by the defendants of their goods as those of the plaintiffs, on account of use by the defendants of certain cartoon characters on their goods over which the plaintiffs assert exclusive rights.

2. The case of the plaintiffs as reflected in their plaint is thus:

I. that the plaintiff no. 1 M/s Disney Enterprises Inc. is a corporation organized and existing in the United States of America and is the creator of a number of world-famous characters such as Mickey Mouse, Minnie Mouse, Donald Duck, Daisy Duck, Winnie the Pooh, Hannah Montana, Tigger, Piglet, Eeyore etc. and has thus the exclusive right to use and authorize/license the use of such characters and character names (hereinafter collectively referred to as „DEI