TATA SONS LTD Vs. MANOJ DODIA

JUDGEMENT

(1.) These are suits filed by Tata Sons Ltd. for permanent injunction, damages, rendition of accounts and delivery of the infringing materials. The plaintiff company, which was established in the year 1917, is the principal investment holding company of the Tata Group which had a turnover of Rs.96,000 crores for the year 2005-2006 and is stated to be one of India's most trusted business houses. The name TATA is stated to have been derived from the surname of its founder Mr. Jamsetji Nusserwanji Tata. For the year 2006, Tata Group was also ranked as 20th amongst world's most reputed companies. The name TATA is being used by the plaintiff company since its inception in the year 1917 and it is claimed that on account of its highly descriptive nature and pioneering activities of the founder, the name TATA has consistently been associated with and exclusively denotes the conglomeration of companies forming the Tata Group, which is known for high quality of products manufactured and/or services rendered by it under the trade mark/name TATA. The House of Tatas comprises of over 100 companies of which over 50 companies use TATA as a key and essential part of their corporate name. It is claimed that being proprietor of the trade mark TATA, the plaintiff company enjoys exclusive rights in the aforesaid mark. The plaintiff company claims to be owner of various trademarks which contain the name TATA as a part of the registered trademark. It is alleged that on account of continuance and extensive use of the plaintiff's trade mark TATA over a long period of time spanning a wide geographical area, coupled with vast promotion and publicity, the said trademark enjoys an unparalleled reputation and goodwill and has acquired the status of a well known trademark.

(2.) The defendants in Suit No.264/2008 Mr.Manoj Dodia and Mr. Manish Dodia are stated to be co-owners of M/s. Durga Scale Co., which is engaged in the business of manufacturing and selling weighting scales and spring balances under the trade mark A-One TATA. It is claimed that use of the aforesaid mark by the defendants amounts to infringement of plaintiff's registered trade mark TATA, granted wide various registrations in class 9. It is further alleged that the impugned mark is inherently deceptive and constitutes a misrepresentation to unwary consumers that goods of the defendants are either of the plaintiff company or approved by it. Such misrepresentation, according to the plaintiff, will inevitably lead to confusion or deception in the mind of the unsuspecting buyers and will result in the defendants poaching on the plaintiff's business, goodwill and reputation, thereby amounting to passing off. The plaintiff has accordingly sought an injunction restraining the defendants from manufacturing, selling, offering for sale, advertising, and directly or indirectly dealing in weighting scales and springing balances or goods of any description bearing the trademark A-ONE TATA or any other mark confusingly similar to trade mark TATA amounting to passing off the defendants? goods as that of the plaintiff's. It has also sought delivery up of all the goods bearing the impugned mark, dies, blocks, cartons, labels and any other infringing material, to the authorized representatives of the plaintiff, for the purposes of destruction. The plaintiff company has also sought damages amounting to Rs.20,05,000/- besides rendition of accounts in respect of the profits earned by them from use of the trademark A-One TATA.

(3.) CS(OS) No.232/2009 has been filed by Tata Sons Limited against Mohd. Jawed and TATA Points. Mr. Mohd. Jawed is stated to be working under the name and style of TATA Points. In this case, it is also alleged that the name 'TATA' either singularly or in conjunction with other names as well as TATA device have been registered in the name of the plaintiff Company in respect of different products in Class 12. It is also alleged that besides the trade mark 'TATA', the plaintiff company is also the proprietor of the device which contains "T" in a circle (device).