LAWS(DLH)-2009-10-201

TATA SONS LTD Vs. TATA INDUSTRIAL RECRUITMENT

Decided On October 27, 2009
TATA SONS LTD. Appellant
V/S
TATA INDUSTRIAL RECRUITMENT Respondents

JUDGEMENT

(1.) The plaintiff filed the suit for permanent injunction restraining infringement of trademark, passing off, damages and rendition of accounts and delivery up against the defendant. The case of the Plaintiff is that the Plaintiff company was established in the year 1917 as a body corporate and is the principal investment holding company of TATA, which is India's oldest, largest and best - known conglomerate, with a turnover of over US$21 billion or Rs. 96,000 crores for the financial year 2005-06. Its genesis came from the surname of its founder Jamsethi Nusserwanji Tata, and the same has become synonymous with excellence in almost every field of business activity.

(2.) The enterprises promoted by the Plaintiff company have laid the foundation in the industrial core sectors, pioneering the textiles, steel, power, chemicals, hotels and transport industries in India.

(3.) As per the plaintiff, since its inception in 1917, the plaintiff has been continuously and consistently using the trademark and trade name TATA for its own business activities and those of companies promoted by it.