Tata Group has recently secured a victory against the e-commerce website ‘Tatacliqsmart’. The case was filed in the Delhi High Court by Tata Group where the court handed down an injunction against ‘Tatacliqsmart’. Tata Group filed a complaint stating that the site was allegedly infringing the trademarks and copyright of the multinational company. Judge Subramonium Prase was hearing the matter and delivered the injunction on the date 28 June 2021.
Tata Sons Private Limited is the holding company of all companies associated with the Tata Group. It is also the registered proprietor of the trademarks Tata and the device mark. Tata Cliq is a part of the Tata Group. It is engaged in the business of dealing in various types of products through its famous e-commerce platform www.tatacliq.com. Tata Cliq is not only been a part of the Tata Group but also the registered proprietor of its domain name www.tatacliq.com since December 2015. Tata Sons and Tata Cliq are jointly referred to as ‘Tata’. They were aggrieved by the identical domain name www.tatacliqsmart.com. It is owned by M/S Electro International.
Tata contended, “The defendant’s domain name www.tatacliqsmart.com is identical to the www.tatacliq.com, apart from the addition of the word ‘smart’ on the name of the website. The website www.tatacliqsmart.com sells various products emblazoned by the mark ‘Tata’ at throwaway prices, meaning there is a strong likelihood that the defendant is selling counterfeit products.”
In the summation, Judge Prase also outlined how the court tried to access the website www.tatacliqsmart.com but the website could not be opened. He further pointed out that screenshots that were produced by the plaintiffs clearly showed that the website was being used for the online sale of several kinds of products including Tata products.
“It is, therefore, apparent that the defendant...has shut down his website only because the present suit has been filed. This court is therefore of the opinion that the plaintiffs have made a case for the granting of an interim injunction,” concluded Judge Prase. Hence, the Court granted an interim injunction in favor of the Tata Group. The matter will be heard on the 19th Day of July 2021. The case can be reached out with the name “Tata Sons Private Limited & Anr. Vs M/S Electro International & Ors”.
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