Introduction:
The current lawsuit was brought by Intel Corporation, USA in 2006 against three companies: Intel Gas Gadgets (P) Ltd., Intel Gas Guards (P) Ltd., Intel Safety Devices, and their respective director, Mr. S.P. Gupta. The lawsuit sought a long-term injunction prohibiting trademark use, delivery up, passing off, damages, and infringement.
Plaintiff:
The plaintiff, Intel Corporation, USA, which was founded in 1968, is engaged in the business related to computers and computer components, such as semiconductor devices, motherboard, etc. The plaintiff is an MNC operating in more than 40 countries and has 199 offices worldwide. The Plaintiff began exporting goods to India in 1972, and it formally began operating there in 1988 with the purchase of opening of a Bangalore branch office. Through its subsidiaries, the Plaintiff has also started doing business in a number of more cities. The plaintiff is the top global creator and producer of microprocessors and other essential components for the computer and internet sector. As per the plaint, the Plaintiff is stated to have introduced the world’s first microprocessor in 1971.
It is claimed that the Plaintiff utilised the name and mark “INTEL” since its inception in 1968. The plaintiff argues that its use of the mark “INTEL” has expanded over time to include more areas of the computer industry, such as the software sector and the internet. Through its websites at http://www.theintelstore.com and http://www.shop-intel.com, the Plaintiff promotes its services and sells its goods using the name and trademark “INTEL.”
The Plaintiff developed a distinctive look for in the year 1969 signifying the mark “INTEL,” today often referred to as “INTEL dropped e logo”. The Plaintiff launched the “INTEL INSIDE” programme in 1991, which is known as one of the biggest logo licensing and cooperative advertising programmes in the world. In accordance with the programme, computer makers like IBM, DELL, HEWLETT-PACKARD, HCL, WIPRO, and others sold personal computers built with ‘INTEL’ microprocessors and were granted permission to use.
Defendant:
Defendant No.1 is a registered company and has incorporated various companies such as Intel Safety Devices, Intel Gas Guard Private Ltd., Intel Gas Gadgets Private Ltd. The company is engaged in the manufacturing, marketing and exporting LPG regulators, adaptors, valves, burners, needle control valves, etc. The Defendants were also using the name/ mark ‘INTEL’ as part of their domain name such as www.intelgasgadgets.com.
The Clash:
In the first week of November, 2005 the Plaintiff came across the website of the Defendants under the domain name www.intelgasgadets.com and incorporated various companies containing the name ‘INTEL’, for example Intel Safety Devices, Intel Gas Guard Private Ltd and so on. Also as a part of their domain name, the defendant was using the word Intel. On 09/09/2012 the parties were sent for mediation to explore the possibility of amicable settlement of disputes however the mediation failed. Plaintiff submits that during the pendency of the suit, the mark ‘INTEL’ has, in fact, been declared a well-known trademark within the meaning of Section 2(zg) of the Trade Marks Act, 1999 by the Trade Marks Registry and the well – known nature of Intel has been recognized in case of Intel Corporation v. A. Sailesh, 2007 (34) PTC 492 and Intel Corporation v. Dinakaran Nair & Ors., 2006 (33) PTC 345 Del.
Decree :
On October 07, 2022 Justice Prathiba M. Singh decreed that the Defendant No.2, with the Registrar of Companies, shall take steps for change of name of the company, which shall be processed by the Registrar of Companies and change of name shall be given effect to within a period of three months.
DUCTUS EDGE 