TATA SONS LIMITED Vs. M VELLINGIRI & ANR

JUDGEMENT

(1.) The present suit has been filed by the plaintiff for permanent injunction restraining infringement of trademark, passing off, dilution of trademark, damages, rendition of accounts, delivery up, etc. against the defendants. The plaintiff claims to be the owner of the trademark 'TATA'. The plaintiff as well as its sister concerns claim to be the owners of several registered trademarks containing or comprising the word 'TATA' in class 25, such as A TATA PRODUCT; TATA; TATA KISAN SANSAR (LABEL); TATA KISAN SANSAR (HINDI LABEL), etc. It is submitted that the relevant trademarks are being used since 1992.

(2.) The defendants were engaged in the business of selling of lungis bearing the trademark of the plaintiff 'TATA'.

(3.) In terms of order dated 3.2.2010, the Local Commissioners were appointed to visit the premises of the defendants. As per the report of