TATA SONS PRIVATE LIMITED Vs. SUNIL KESHAVJI TATARIA

JUDGEMENT

(1.) The present suit has been filed by the plaintiff seeking permanent injunction restraining infringement of registered trade mark, passing off, dilution and tarnishment of trademarks, damages, rendition of accounts, delivery up in respect of plaintiff's registered trade mark.

(2.) The defendants are engaged in the manufacture and sale of adult diapers and underpads which bear the infringing mark / logo .

(3.) In 2020, counsel for plaintiff received information regarding defendants' adult diapers and underpads being sold under the trade mark and the infringing mark /logo and deputed independent investigator, who conducted investigation and found that defendants were engaged in the business through domain / website www.tatariahygiene.com, which amounted to misappropriation of plaintiff's trade mark 'TATA'.