An Indian company has been restrained from using the word 'Pentium' as a trade name by the Delhi high court after computer major Intel Corporation asserted that it was their registered brand name and the domestic company demanded unreasonable money to surrender the name.
Intel has sued Gujarat-based Pentium Industries Pvt Ltd, involved in manufacturing and marketing plastic components used for power industry, for illegally adopting its brand name.
Holding that the software major would suffer irreparable loss and injury, which could not be compensated in terms of money if the Baroda-based company was permitted to use the impugned name, Justice C K Mahajan in an ex-parte interim order restrained the proprietors of the domestic company from using the word 'Pentium' in any form till November 10.
Intel, through its counsel Rajiv Nayar and Man Mohan Singh claimed that the company was compelled to approach this court because their effort to reach reasonable settlement with the domestic company failed as they demanded Rs 25 lakh (Rs 2.5 million) and transition period of 4-6 months to change the name of their company.
Accepting the contention, the Judge said: "Having regard to facts and circumstances of the case, I am satisfied that the plaintiff (Intel) has made out a prima facie case for grant of ad interim ex-parte injunction."
The court directed the Gujarat-based company to restrain from using the trade name/mark 'Pentium' as its trading style and the domain name www.pentiumindustries.com.
Intel alleged the use of the word 'Pentium' by the Indian company for its trade name and domain name was with dishonest intention to trade upon and benefit from the goodwill and reputation of the mark.
The American company said under the brand name 'Pentium', it was manufacturing new range of microprocessors for more powerful personal computing experience and the business of the Gujarat company was not isolated or different from that of theirs as the basic components used in relation to electrical goods and electronics are similar and inter-related.
The counsel submitted that since the computers comprising Intel's Pentium branded chips hold major share in the market, there was every likelihood of confusion among the consumers that the microprocessors emanating from the domestic company under the mark Pentium were manufactured with the approval of the US major.
The Indian company has categorised and is advertising its products under the heading of Pentium 1 and Pentium 2 to identify its goods in a way used by the Intel for its innovative microprocessors from time to time, the counsel alleged.
The computer major said both Intel and Pentium are the coined terms and are registered as trademark in several countries.
