Tata Sons Private Limited trademark dispute settled through mediation
TATA SONS PRIVATE LIMITED v. SUNIL KESHAVJI TATARIA & ANR. CS(COMM) 308/2020
Tata Sons Private Limited (plaintiff) is the principal holding company of the Tata group. Tata Group is an Indian multinational conglomerate manufacturer of automobiles, airplanes, and other products. On the other hand, Sunil Keshavji Tataria & Anr. (defendants) are engaged in the manufacture and sale of adult diapers and underpads bearing the plaintiff’s trademark and engaged in the business through website www.tatariahygiene.com , which amounts to misappropriation of the plaintiff’s trademark. Plaintiff filed a suit seeking permanent injunction restraining infringement of registered trademark, passing off, dilution of trademarks, damages, rendition of accounts, delivery up in respect of plaintiff’s registered trademark.
The matter was referred to Delhi High Court Mediation and Conciliation Centre, vide order dated 16.02.2021, to settle the disputes through mediation. The present suit is settled by the Settlement Agreement dated 03.08.2021. Both the terms of the Settlement Agreement will bind the parties.
As the dispute got resolved before commencing of pleadings, thus plaintiff prays for refund of entire court fees under the provisions of Sec 16A of the Court Fees Act. The court was relying upon the decision of Nutan Batra v. M/s. Buniyaad Associates[1] and Afcons Infrastructure Limited v. Cherian Varkey Construction Company Private Limited[2] held that dispute settled between the parties, hence directed the refund of the entire court fees.
[1] 2018 SCC OnLine Del 12916 [2] (2010) 8 SCC 24
Author: Kashish Maheshwari, student at Vivekananda Institute of Professional Studies
Disclaimer: This brief is intended to provide general guidance to the subject matter. It does not contain legal advice. For any specific advice/corrections, write to [email protected]
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