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2013 Supreme(Del) 326

M.L.MEHTA
Tata Sons – Appellant
Versus
Arno Palmen – Respondent


Advocates:
Advocate Appeared:
Sh. Pravin Anand, Sh. Achutan Sreekumar, Sh. Dhruv Anand, Advs.

JUDGMENT

M.L. MEHTA, J.

1. The present suit has been instituted by the plaintiffs against the defendants seeking permanent injunction against the defendants from using the trademark/domain name www.tatainfotech.in or any other mark/domain name which is identical with or deceptively similar to the plaintiff’s trademarks TATA/TATA INFOTECH. The plaintiffs are also praying for an order for transfer of the domain name www.tatainfotech.in to the plaintiffs from the register of the Registrar, Key-Systems GmBH, and for delivery-up of all infringing materials along with the rendition of accounts of profit illegally earned as well as damages.

2. This suit has been filed by Tata Sons Ltd., a company incorporated under the Indian Companies Act, 1913 (plaintiff no.1) and its subsidiary Tata Infotech Ltd., a company incorporated under the Indian Companies Act, 1956 (plaintiff no.2). The plaintiffs have contended that the plaintiff no.1 has been established in the year 1917 and is the principal investment holding company of the Tata Group, which is India’s oldest, largest and best-known conglomerate with a turnover of USD 9 Billion. The name TATA is submitted to be have been derived from the sur

















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