(1.) The defendants have remained ex-parte in spite of service. Affidavit by way of evidence has been filed. The suit is taken up for final hearing.
(2.) The plaintiff was established in the year 1917 and is the parent company having large holding in major TATA promoted enterprises which include Tata Iron and Steel Company Limited (TISCO). Tata Engineering and Locomotive Company Limited (TELCO). Tata Chemical Limited. Tata Donnelley Limited, Titan Industries Limited, Tata Infotech Limited, the three Tata Electric companies, Indian Hotels Co. Limited etc. It has been averred that the word 'TATA' has a deep rooted association and identification with the House of 'TATA' which is a reference to the conglomeration of TATA companies which accords recognition across the board and is inseparable from a whole range of activities in which the plaintiff and its associate companies are involved.
(3.) The suit is directed against defendant No. 1 who is said to be owner of the defendant No. 2 the original registrant of the domain name tatagroup.com with the Network Solution Inc.. and defendant No. 4 is the present registrant of the domain name tatagroup.com and the defendant No. 3 is the owner of defendant No. 4. It is averred by the plaintiff that the word TATA is a rare patronymic name having all the trappings of an invented word and the name TATA has over a period of time acquired reputation of high standard of quality in respect of produces manufactured by the house of TATA. 'TATA' is a household word in India and is solely and exclusively associated with the house of 'TATA'.