The court held that a well-known trademark, like `TATA`, is entitled to protection against any unauthorized use that may deceive the public, confirming jurisdiction over foreign entities where online access exists.

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.

2. The present suit has been filed by the Plaintiff - Tata Sons Private Limited seeking permanent injunction restraining infringement of registered trademarks, passing off, dilution and tarnishment of trademarks and copyrights, damages, rendition of accounts, delivery up, transfer of domain name, and other reliefs. The dispute in the present suit relates to the well-known mark `TATA'.

3. The Plaintiff is the owner and registered proprietor of the mark `TATA', along with several permutations and combinations thereof, both in India and several jurisdictions across the world. Established in the year 1917, the Plaintiff Company is the promoter and principal investment holding company of the `TATA' Group of Companies, which is one of India's oldest, largest and most trusted business conglomerates. As per the Plaint, the other companies which constitute the `TATA' Group of Companies are permitted to use the mark `TATA' in one form or the other by virtue of Trademark License Agreements and Brand Equity & Business Promotion Agreements. Thus, the use of the mark `TATA' by the subsidiaries and group companies of the Plaintiff Company enures to the Plaintiff which is the registered proprietor of the said mark.

4. The Plaintiff submits that the mark/name `TATA' is derived from the surname of the Plaintiff's founder Shri Jamsetji Nusserwanji Tata, which is a rare patronymic name possessing the distinctiveness of an invented word. The use of the mark `TATA' by the predecessors-in-business of the Plaintiff Company dates back to the year 1868. So also, the Plaintiff Company and its group companies and subsidiaries have continuously and uninterruptedly used the mark `TATA' since its inception in the year 1917. The Plaintiff, along with its subsidiaries and group companies is stated to have laid the foundation in the industrial core sector, pioneering textiles, iron and steel, power, chemicals, hotels and automobile industries in India. Over the years, the `TATA' Group of Companies has further ventured into computers and software, electronics, beverages, telecommunications, financial services, mutual funds, insurance, broadcasting, aerospace and defence, retail, etc. In addition, numerous overseas companies, philanthropic bodies and autonomous public institutions are promoted by the House of `TATA'. The Plaintiff also claims to be India's largest private sector employer, comprising of over 100 major operating companies.

5. Owing to the continuous and extensive use by the `TATA' Group of Companies over a long period of time spanning wide geographical area, the mark `TATA' has garnered unparalleled reputation and popularity. The goodwill in the mark `TATA' is sufficiently corroborated by the collective revenue of the `TATA' Group of Companies for the year 2019-20, which is stated to be around 750,000 crores or approximately USD 106 billion. The `TATA' Group of Companies consists of 29 publicly listed `TATA' companies with a combined market capitalization of about Rs.930,000 crores (i.e., approximately USD 123 billion) as on 31st March, 2020.

6. Insofar as business activities relating to financial services are concerned, the Plaintiff through its subsidiaries has an irrefutable presence and reputation in the said sector. Some of the Plaintiff's subsidiaries engaged in providing financial services are enumerated below:

i. Tata Motors Finance Limited, Tata Motors Finance Solutions Limited and TMF Holdings Limited;

ii. Tat Capital Financial Services Limited, Tata Capital Ltd. and Tata Clea