TATA SONS LTD Vs. AMIT MAHNA

JUDGEMENT

(1.) The present suit has been instituted by the plaintiffs against the defendants seeking permanent injunction restraining infringement of trademarks TATA by the defendants. The plaintiffs are also praying for an order of delivery-up of all infringing materials along with the rendition of accounts of profit illegally earned as well as damages.

(2.) This suit has been filed by Tata Sons Ltd., a company incorporated under the Indian Companies Act, 1913. The plaintiff has contended that it was established in the year 1917 and is the principal investment holding company of the Tata Group, which is India's oldest, largest and best-known conglomerate with a turnover of USD 9 Billion. The name TATA is stated to be have been derived from the surname of its founder Mr. Jamsetji Nusserwanji Tata. It is also stated that the name TATA is being used by the plaintiffs 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 trademark/name TATA.

(3.) It is stated that the House of TATA comprises over 50 companies which use TATA as a key and essential part of their corporate name. Additionally, it is also contended that there are numerous overseas companies, philanthropic bodies and autonomous public institutions which are promoted by the plaintif. And that plaintiff is the registered proprietor of the trademarks pertaining to and/or comprising the word TATA in relation to various goods falling across various classes of the Fourth Schedule of the Trade Mark Rules, 2002. By virtue of the said registration, it is contended that plaintiff has the exclusive right in the said trademark and is thus entitled to the exclusive use thereof.