TATA SONS PRIVATE LIMITED Vs. TUSHAR FULARE

JUDGEMENT

(1.) The present suit relates to copyright infringement of a distinctive trade dress and packaging associated with Plaintiffs' mineral water product manufactured and sold under the brand "TATA WATER PLUS", as well as infringement of Plaintiffs' registered well-known trademark "TATA" and "TATA WATER PLUS". Plaintiffs seek inter alia permanent injunction, damages and rendition of accounts. Defendant is engaged in the business of marketing, selling, offering for sale, distributing, advertising packaged drinking water under the brand/name "ZINC WATER PLUS", with a trade dress, i.e., <IMG>JUDGEMENT_189_LAWS(DLH)1_2024_1.jpg</IMG> , which is similar to that of the Plaintiffs'.

(2.) Plaintiff No. 1 owns the well-known trademark "TATA" and its various permutations/combinations thereof, including the mark "TATA WATER PLUS" in Classes 16 and 32. Plaintiff Nos. 2 and 3 have been permitted to use the mark "TATA WATER PLUS" vide a trademark license agreement dtd. 26/8/2011. Plaintiffs are also the registered proprietors of "HIMALAYAN", "TATA GLUCO PLUS", "TATA GLUCO+", and other marks containing and comprising these marks. Plaintiffs' "TATA WATER PLUS" products bearing the packaging, artistic work (copyright in which is owned by Plaintiffs) and trade dress are reproduced below:

(3.) Plaintiffs have supplied a table of approximate revenues and expenditure on advertising and marketing, which is reproduced below: