TATA SONS LIMITED Vs. MANU KOSURI

JUDGEMENT

(1.) This suit, filed on behalf of the plaintiff-Company seeks permanent injunction, restraining the defendants from passing off, dilution of trademarks and for rendition of accounts, damages, delivery-up, etc. The defendant No.1, Mr. Manu Kosuri is the Managing Director of defendant No.2, M/s Ramadasoft, which 1s engaged in the business of registering domain names in India. Name of defendant No.3 - Network Solutions Inc. has already been directed to be deleted from the array of the defendants as per Order dated 30/04/1999. The defendants were duly served but did not enter appearance and by the Order of this Court dated 23/08/1999, the defendants have been proceeded ex-parte.

(2.) The plaintiff has averred as under- (a) The plaintiff is the Registered Proprietor of the trademark TATA since 1917 in relation to various goods, in various classes. The plaintiff also has its trademarks registered in 9 other countries, besides India in various classes. It is further submitted that the plaintiff is one of the oldest and largest business conglomerates in India and its reputation spills globally as it has various businesses abroad as well. (b) The suit arises on the account of misappropriation of the plaintiffs trademark TATA by the defendants as a part of a series of domain names that have been registered by them incorporating the well-known and famous trademark TATA. The domain names involved in the present suit are as follows:

(3.) The defendants had not put in their appearance despite service. Accordingly, the defendants were proceeded ex-parte by Order dated 23/08/1999 and the plaintiff-Company was directed to file ex-parte evidence by way of affidavit. Thereafter the plaintiff-Company has filed evidence by way of affidavits of Mr. Anil Bhasin & Mr. R.R. Shastri to prove its case. The averments made in the plaint have been supported by the contents of the aforesaid affidavits.