Intel halts infringing use of INTEL CARPORT

India

The Delhi High Court has upheld a claim of infringement brought by Intel Corporation - the owner of the INTEL mark - and has issued an order restraining the Mumbai-based defendant from using the mark INTEL CARPORT to promote petrol (gas) station services (Case 2146/2003).

The defendant had been using INTEL CARPORT for eight years and had sought protection of the mark for goods in Class 4 of the Nice Classification. Intel objected to this use and filed an infringement claim with the Delhi High Court.

The court held that Intel is the owner of the famous INTEL mark and that the defendant appeared to be trying to take advantage of Intel's goodwill and reputation in the mark. It upheld Intel's submissions that the new Trademarks Act 1999, which came into force on September 15 2003, has increased the level of protection for well-known marks. The court confirmed that the new act has broadened the definition of trademark infringement to prohibit the use of a mark that is identical or similar to a well-known trademark, even if it is being used in respect of goods or services dissimilar to those covered by the famous mark.

Rachna Bakhru, Rouse & Co International, Dubai

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