TACO BELL CORPORATION Vs. TACO BELL

JUDGEMENT

(1.) Mr.Shah for the defendants waive service. By consent, Notice of Motion is taken up for final hearing.

(2.) This is an action for infringement of trade mark and passing off. The plaintiffs carry business of restaurant chain under the name "TACO BELL" selling Mexican style food products. The plaintiffs are operating over 6000 TACO BELL restaurants worldwide. Both in the United States and other countries, the plaintiffs use the trade mark "TACO BELL" and "TACO BELL", logo in different versions. The sales of the plaintiffs are in the range of six billion dollars per year. As the proprietor of the trade mark "TACO BELL" and "TACO BELL", logo, the plaintiffs have secured registration of the said trade mark in more than 70 countries. In India the trade mark "TACO BELL" and "TACO BELL" logo in classes 29 & 30 are registered in the name of the 1st plaintiff company. The plaintiffs say that their restaurants in various countries are frequently visited by the Indians during abroad. In addition to goodwill and reputation enjoyed by the plaintiff, TACO BELL is known in India by means of media publicity and advertisements in leading international magazines and trade journals.

(3.) The plaintiffs have alleged that it recently came to their knowledge that the defendants have started a restaurant by name "TACO BELL" selling Mexican food in the said restaurant. It appears that defendants are also selling package food items from their restaurant under the name "TACO BELL". The plaintiffs say that this coupled with the fact that signboard indicating that it also serves Mexican food is obviously motivated by intention to trade upon the benefit from the reputation enjoyed by the plaintiffs worldwide status as a leader in Mexican style restaurant foods and services provided under TACO BELL mark. The plaintiffs are, therefore, seeking an injunction restraining the defendants from using the mark TACO BELL.