JAGUAR LAND ROVER LTD Vs. SAURABH KHANEJA

JUDGEMENT

(1.) I.A. 13704/2013 (For Exemption)

(2.) The plaintiff's history in terms of adoption of the mark LAND ROVER is traceable to the 1940's and by October 1948, Land Rover had obtained significant prominence and had dealers operating in 68 countries. Ever since, the plaintiff has manufactured various advanced versions of the Land Rover, viz. Land Rover Series II and IIA, Range Rover, Land Rover Defender, Land Rover Discovery and Land Rover Freelander. The plaintiff is the registered proprietor of the trade mark 'ROVER' in India since the year 1944. The plaintiff has also registered its several formative marks such as LAND ROVER, RANGE ROVER etc. in India. A detailed list of all the registered trademarks of the plaintiff is reproduced in paragraph 20 of the plaint.

(3.) The instant case pertains to the recent edition RANGE ROVER EVOQUE, which is available in Indian markets and is priced between 55.99 lakhs and 63.86 lakhs, depending on the variant. The defendant No. 3, Big Daddy Customs, Saroop Nagar, New Delhi; is a company that is engaged in the business of making custom made cars. Defendant No. 1 and 2 are said to be Chief Manager of Operations, and Proprietor respectively. The plaintiff has alleged that the defendants are modifying Tata Safari cars into RANGE ROVER EVOQUE look-alikes carrying the brand logo MOON ROVER. The plaintiffs contend that this amounts to infringement of registered trademarks, disparagement, dilution, tarnishing of trademarks as well as brand equity, and passing-off.