The Single Bench of the Delhi High Court in the case of Tata Sons Private Limited vs Anjani Bagaria & Anr. consisting of Justice Prathiba M. Singh passes order infringing Defendants from using the brand “TATA”, as per the amicable resolution between the parties.
Facts
This suit was filed by the Plaintiff - Tata Sons Private Limited against Defendant No.1 - Anjani Bagaria and Defendant No.2 - Mazing Retail Private Limited seeking permanent injunction restraining infringement of registered trademarks, passing off, dilution and tarnishment of trademarks.
Contentions Made
Defendant: It was contended that the Defendant No. 1 had purchased the ‘TATA’ branded products from the market and sold them physically as well as on some online platforms. It was further contended that she had no objection if the suit was decreed as she did not intend to use the mark ‘TATA’ in future for any of her products.
Observations of the Court
The bench noted that the parties had amicably resolved the disputes post the filing of the affidavit of Defendant No.1 and the Defendants had no objection if the suit is decreed in terms of the prayer of the plaint, wherein an order for permanent injunction was to be passed restraining the Defendants from manufacturing, selling, offering for sale, supplying, advertising, directly or indirectly dealing in any business unauthorizedly using the Plaintiff s well-known trademarks TATA and permutations/combinations thereof, amounting to infringement of the Plaintiff s registered trademarks.
Additionally, the parties agreed that the Defendant No.1 shall remove all references to the mark ‘TATA’ qua its products on online platforms and shall take steps within four weeks of notice by Plaintiff. Insofar as costs are concerned, the Defendant No.1 shall pay the token costs of Rs.25,000/- to the Plaintiff. If, however, Defendant No.1 indulges in use of the mark ‘TATA’ or and other similar mark in any manner again, the Plaintiff is free to avail of its remedies as per law.
Judgment
Accordingly, the suit was decreed in the terms of the prayer paragraphs and the additional agreements as well.
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