TATA SONS PRIVATE LIMITED Vs. MALLA RAJIV

JUDGEMENT

(1.) The present application has been filed on behalf of the plaintiffs under Order XIII-A of the Code of Civil Procedure, 1908 ("CPC"), read with Order VIII Rule 10, and Sec. 151 of CPC, seeking summary judgment.

(2.) The present suit has been filed for permanent injunction seeking restraint on defendant from infringing copyrights to the packaging/trade dress, registered trademarks of plaintiffs, passing off, dilution, damages, rendition of account etc.

(3.) The dispute between the parties, essentially pertains to defendant's unauthorized use of product "JK COPPER+ WATER" ("impugned brand name"), which is identical and similar to the plaintiffs' trademark and product i.e., packaged mineral water product which was originally sold by plaintiffs under "TATA WATER PLUS" bearing trademark registration nos. 1842812 and 1842813 in Class 16 and Class 32 of the Trade Marks Act, 1999 ("Trade Marks Act"), respectively, and is now sold under "TATA COPPER+ WATER" bearing trademark registration no. 4747370 dtd. 17/11/2020 in Class 32 and trademark registration no. 3699764 dtd. 11/12/2017 in Class 99 of the Trade Marks Act.