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2018 Supreme(Del) 2848

YOGESH KHANNA
TATA SONS LTD. – Appellant
Versus
KRISHNA KUMAR – Respondent


Advocate Appeared:
For the Plaintiffs :Mr.Pravin Anand, Ms.Achuthan Sreekumar & Mr.Akshay Agarwal, Advocates.

JUDGMENT :

YOGESH KHANNA, J.

1. The plaintiff has filed this suit for permanent injunction, infringement of registered trademark, passing off, damages, rendition of accounts, delivery up; and transfer of domain name against the defendants.

2. The brief facts leading to the filing of this suit, as alleged, are:-

(a) the Plaintiff No.1 was established in the year 1917 as a body corporate, is the promoter and principal investment holding company of the House of TATA, which is India's oldest, largest and best-known business conglomerate, with a turnover of about US$103billion (around Rs.624,757 billion) in 2013-14, with 67% of this coming from businesses outside India. The Plaintiff is one of India's most trusted business houses and the name/trademark TATA, derived from the surname of the founder Jamsedji Nusserwanji Tata, is a household name synonymous with excellence in several fields of business activity;

(b) Plaintiff No.1 and other Tata Group companies/ subsidiaries are India's oldest and largest private-sector employer, consisting of over 100 major operating companies, 32 of which are listed on stock exchanges and they have a combined market capitalization of about $ 134.9 billion (as









































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