Intel protects slogan, mark and logo in Delhi High Court

India

In Intel Corporation v Luminous Electronics Pvt Ltd (Case 555/2003), the Delhi High Court has issued a permanent injunction restraining the defendant from using the trademark COMPUTER INSIDE and a swirl-shaped logo similar to that of the plaintiff. The injunction was issued following an agreement between the parties that the defendant would stop using the mark if the plaintiff gave up its claim for damages.

Intel filed a suit against Luminous Electronics for passing off, alleging that Luminous Electronics' use of the mark COMPUTER INSIDE and swirl-shaped logo infringed:

  • its common law rights in the slogan 'The Computer Inside';

  • its rights in the registered mark INTEL INSIDE; and

  • its rights in the registered swirl-shaped logo.

Intel also pointed out that Luminous Electronics is engaged in a sufficiently similar line of business (eg, power inverters and voltage stabilizers), so consumer confusion was likely.

The Delhi High Court issued an injunction restraining Luminous Electronics from using the COMPUTER INSIDE mark and the swirl-shaped logo, and was able to do so within 20 days of the suit being filed. This speedy remedy was made possible because the parties came to a settlement following the court's issue of an urgent notice, ordering Luminous Electronics to file a reply. Amendments to the Code of Civil Procedure, which allow email, fax and courier to be acceptable modes of service, as opposed to registered post under the previous regime, also helped to speed up the process.

Ranjan Narula, Rouse & Co International, Dubai

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