HYUNDAI CORPORATION Vs. RAJMAL GANNA
HIGH COURT OF DELHI
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Gita Mittal, J. -
(1.) By this order I propose to dispose of IA No. 7907/2005 filed by the plaintiff under the provisions of Order 39 Rule 1 and 2 of the Code of Civil Procedure, 1908 seeking an injunction against the defendant prohibiting it from using the trade mark Hyundai in respect of which the plaintiff has asserted exclusive propriety rights.
(2.) M/s Hyundai Corporation is stated to be a corporation which is incorporated under the laws of Korea having its head office at Korea with liaison offices in various countries including India. The Hyundai Corporation, plaintiff herein claims to belong to the internationally famous Hyundai group of companies. Some of the other group companies include the Hyundai Heavy Industries Limited, Hyundai Motor Company, Hyundai Engineering & Construction Company Limited. It is contended that several of the Hyundai group companies are actively working in the Indian market and are engaged in the sale of various consumer products falling under various classes under the established trademark Hyundai. Apart from its manufacturing activities, it is contended that the Hyundai Group of companies is also engaged in the marketing of various goods including plant and machinery, steel, chemicals, electrical and electronic product, ship, resource development information and tele communications etc by the trademark and name of Hyundai since 1976-77.
(3.) Apart from the above goods and products, the plaintiff and its associate group companies in India are stated to be carrying on its business with the trade name/trademark Hyundai in respect of motor vehicles, semi conductors, electronics and home appliances and various other goods in classes 7, 9, 11 and 12 besides other items and sectors. On account of the effort, networking promotional work, technical expertise and quality of goods, the plaintiffs have asserted long and continuous use of the trade mark and claimed that the same have acquired a trans border reputation. Hyundai as associated with the products of the plaintiff has acquired distinctiveness. Based on the plaintiffs sales-turnover in billions of rupees and expenditure of huge amounts on publicity and advertisement of its trade mark Hyundai, the plaintiffs claim tremendous reputation and goodwill attached with its products under this trademark in India as well as in other parts of the world.;
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