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1. The plaintiff, which was founded in 1982, is the second largest US based personal software company, and claims to have annual turnover in the region of US dollars five billion. It has a global presence and disseminates various products and services, used the world over under various trademarks, which are all licensed. The present suit concerns itself with „ADOBE‟, „SPARK‟/„ADOBE SPARK‟ and „PHOTOSHOP‟ trademarks, registered in favour of the plaintiff and, as per the plaint, infringed by Defendant 1 Namase Patel.

3. The plaint asserts that the use of the mark „ADOBE‟ was commenced in India, by the plaintiff, in 1993. The registration held by the plaintiff, for its marks „ADOBE‟ and „PHOTOSHOP‟ have been provided in a tabular form, thus, in para 11 of the plaint:

Registration No. Class Application Date Trade Mark 480389 9 30/10/1987 ADOBE 480390 16 30/10/1987 ADOBE 2073538 42 23/12/2010 ADOBE 534978 9 10/08/1990 PHOTOSHOP 1742124 39 10/10/2008 PHOTOSHOP 1742125 42 10/10/2008 PHOTOSHOP

7. The manner in which the „PHOTOSHOP‟ and „SPARK‟ marks of the plaintiff are being infringed and misused by Defendant 1 is set out in para 18 of the plaint, which reads thus:

"18. That in the present case too, Defendant No.1 's bad faith is borne out by the fact that Defendant No.1 is using several hundred sub-domains within the impugned domains www.addobe.com and www.adobee.com which include well-known trademarks/ products of the Plaintiff such as "Photoshop" "Spark" and are being used for the purposes of infecting an unsuspecting user's computer with malware. ....."
"4. Forensic investigation has revealed that these domains have been configured with the brands of Adobe products, such as Adobe Photoshop and Adobe Spark.
5. In particular, forensic investigation has discovered that addobe.com has been configured with over 400 subdomains which match many used by adobe.com. A sub domain is a configuration that prepends a name to the front of a domain. As an example, addobe.com has been configured with photoshop.addobe.com according to the domain history provided to Adobe by respected threat intelligence providers that monitor for these types of potentially infringing behaviors