Back
SANJEEV NARULA
Tata Sons Private Limited – Appellant
Versus
Tushar Fulare – Respondent
JUDGMENT
Sanjeev Narula, J. (Oral)
I.A. 5415/2023(under Order XIIIA r/w Section 151 of CPC on behalf of Plaintiffs)
Case of the Plaintiffs
1. The present suit relates to copyright infringement of a distinctive trade dress and packaging associated with Plaintiffs' mineral water product manufactured and sold under the brand "TATA WATER PLUS", as well as infringement of Plaintiffs' registered well-known trademark "TATA" and "TATA WATER PLUS". Plaintiffs seek inter alia permanent injunction, damages and rendition of accounts. Defendant is engaged in the business of marketing, selling, offering for sale, distributing, advertising packaged drinking water under the brand/name "ZINC WATER PLUS", with a trade dress, i.e., 
, which is similar to that of the Plaintiffs'.
2. Plaintiff No. 1 owns the well-known trademark "TATA" and its various permutations/combinations thereof, including the mark "TATA WATER PLUS" in Classes 16 and 32. Plaintiff Nos. 2 and 3 have been permitted to use the mark "TATA WATER PLUS" vide a trademark license agreement dated 26th August, 2011. Plaintiffs are also the registered proprietors of "HIMALAYAN", "TATA GLUCO PLUS", "TATA GLUCO+", and other marks containing and comp
Unauthorized use of a trade dress and packaging similar to that of another party's products constitutes copyright and trademark infringement, leading to the grant of permanent injunction, damages, an....
Trademark infringement and passing off of a well-known mark, and the grant of permanent injunction and damages as remedies.
The exclusive right granted by valid trademark registrations under the Trade Marks Act, 1999, and the establishment of goodwill and reputation were crucial in determining the infringement and passing....
Trademark infringement occurs when parties use marks that are identical or deceptively similar, causing confusion; summary judgment is appropriate when defendants fail to contest claims or provide a ....
Trademark infringement occurs when identical or confusingly similar marks serve identical services, creating potential consumer confusion.
Trademark infringement, passing off, and copyright violation were established, leading to the grant of a permanent injunction, damages, and costs in favor of the plaintiff.
Point of law: Trade mark – copyright - Plaintiff has made out a strong case for grant of injunction protecting the trademark GEM'S GOLD. Documents filed substantiate that the claim of the plaintiff i....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
