Permanent injunction granted to prevent trademark infringement, passing off, and dilution, reflecting an amicable resolution and agreement by the parties.

JUDGMENT

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. The present suit has been filed by the Plaintiff - Tata Sons Private Limited against Defendant No.1 - Anjani Bagaria and Defendant No.2 - Mazing Retail Private Limited seeking permanent injunction restraining infringement of registered trademarks, passing off, dilution and tarnishment of trademarks.

3. The Plaintiff - Tata Sons Private Limited is the promoter and principal investment holding company of various TATA Companies, that is India's oldest, largest, most trusted and best-known business conglomerate. The TATA Group of Companies was incorporated in 1917 and is is India's largest private sector employer comprising of 100 major operating companies, 29 public listed Tata companies with a combined market capitalisation of Rs.9,30,000 crores and more than 7,50,000 people are employed worldwide. The Plaintiff is the owner and registered proprietor of the well-known trademark and copyright` TATA' and the device marks and .

4. The case of the Plaintiff is that in August, 2021, it was informed that the Defendant No. 1 who is the proprietor of M/s Jay Maa Shakti Enterprises is selling manual and battery operated sprayer pumps and knapsack sprayer bearing the brand TATA'S STAR SHAKTI (hereinafter, 'impugned products') through the Defendant No.2's online portal www.mazing.store. Screenshot of the same is as under:

5. Vide order dated 15th November 2021, an ex parte ad-interim injunction was granted in the following terms:

"24. Upon hearing the submissions advanced by learned counsel for the plaintiff and perusal of the plaint, application for interim injunction and documents aimexed thereto, this Court is of the opinion that a prima facie case for grant ex-parte ad interim injunction in favour of plaintiff and against the defendants is made out.

25. Accordingly, till further orders, defendants, their partners or proprietors as the case may be, their officers, servants and agents and/ or any one acting for and on their behalf are restrained from manufacturing, selling, offering for sale, supplying, advertising, directly or indirectly dealing in any business unauthorizedly using the Plaintiffs Trade mark and permutations/combinations thereof, in relation to any goods or services in printed and/ or in any other media, electronic online version or in any other form resulting in infringement, passing off, unfair competition and dilution of plaintiffs rights."

6. Vide order dated 27th July, 2022, the Court had directed Defendant No.1 to file an affidavit containing complete statement of accounts of M/s Jay Maa Shakti Enterprises and the quantum of sale of the impugned products. An affidavit in compliance with the said order has been filed by the Defendant No.1. The said affidavit reads as under:

"5. I say that in compliance of the aforementioned order, the requisite details are provided below:

a. I started trading under the Impugned Mark in July 2020. The price of the product under the Impugned Mark was approximately Rs. 900 (Rupees Nine Hundred Only).Since July 2020 till the receipt of the order dated 15 November 2021, I had sold approximately 700 pieces and thus, based on the aforesaid figure, I have done a sale of approximately Rs. 6,30,000 (Rupees Six Lacs Thirty Thousand Only) under the Impugned Mark.

b. In compliance with the directions of this Hon'ble Court, I am also annexing statement of account M/s Jay Maa Shakti Enterprisesfor therelevant period herewith as Annexure A-1.

c. I state that at present I only have 8 pieces of products with the Impugned Mark in my possession and the same shall be disposed off as per the directions of the Hon 'ble Court.

6. I further state that I had discontinued the used th