Intel continues fight to protect PENTIUM mark

India

In Intel Corporation v Picasso Appliances (Case 1671/2003), the Delhi High Court has upheld the plaintiff's request for an injunction restraining the defendant from using the mark PENTIUM on its domestic appliances. The injunction request arose as a preliminary matter in a passing off dispute and continues Intel's intensive campaign to protect its well-known PENTIUM mark in India.

Intel filed a passing off action against Indian company Picasso Appliances for its use of a PENTIUM mark on its domestic appliances. It argued that:

  • it was the first to adopt the PENTIUM mark, which it had coined in 1992;

  • it had extensive goodwill and reputation in PENTIUM; and

  • the only basis for adoption of an identical mark by Picasso was to take advantage of the reputation and goodwill in Intel's mark.

Intel moved for an interim injunction at the admission stage. In support, it produced evidence that computers and home appliances are closely connected. It noted that a number of manufacturers, including Philips, Samsung, National and Toshiba produce and market both computers and domestic appliances. Thus, computers are a natural brand extension for domestic appliance manufacturers.

The court agreed and issued an order for an injunction restraining Picasso from using the PENTIUM mark.

For another example of Intel defending its PENTIUM mark in India, see Intel wins PENTIUM passing off dispute.

Ranjan Narula, Rouse & Co International, Dubai

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