TATA Sons Pvt Ltd. succeeded in getting injunction for well-known trademark

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By Pallavi Paul

Tata Sons Private Limited had filed an application seeking ex-parte injunction against Dinesh Kumar for infringing their well-known trademark, ‘TATA’. The plaintiff is India’s largest private sector and is the owner and registered proprietor of word and device mark of ‘TATA’. The defendant in this case has a trademark registration for word mark ‘TATA BYE-BYE’ and word ‘TATA’ under Class 17, for ‘manufacturing tyre repair patches for two-wheelers and three-wheelers.’ The products of the defendant are being supplied to states like Haryana, Rajasthan, Delhi, Punjab, Gujrat, Maharashtra 

NEWS

By Pallavi Paul

and others as well. This is a prima facie case of infringement of plaintiff’s registered and well-known trademark. The Delhi High Court stated that the plaintiff has made out a prima facie case against the defendants and thereby restrained the defendant from manufacturing, selling, offering for sale, supplying, advertising, directly/indirectly dealing in business unauthorizedly using the plaintiff’s well-known trademark ‘TATA’ and any permutations/citations thereof, till further orders.

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