TATA SONS PRIVATE LIMITED & ANR. vs MALLA RAJIV

IN THE HIGH COURT OF DELHI AT NEW DELHI CS(COMM) 129/2024 & I.A. 3278/2024, I.A. 44712/2024 TATA SONS PRIVATE LIMITED & ANR. .....Plaintiffs Through: Mr. Achutan Sreekumar, Mr. Rohil Bansal, Mr. Swastik Bisarya, Mr. Sudep Vijayan, Advocates (M:9079965359) versus MALLA RAJIV .....Defendant Through: None. CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA ORDER % 07.03.2025 MINI PUSHKARNA, J (ORAL) I.A. 44712/2024 (For Summary Judgment) 1. The present application has been filed on behalf of the plaintiffs under Order XIII-A of the Code of Civil Procedure, 1908 (“CPC”), read with Order VIII Rule 10, and Section 151 of CPC, seeking summary judgment. 2. The present suit has been filed for permanent injunction seeking restraint on defendant from infringing copyrights to the packaging/trade dress, registered trademarks of plaintiffs, passing off, dilution, damages, rendition of account etc. 3. The dispute between the parties, essentially pertains to defendant‟s unauthorized use of product “JK COPPER+ WATER” (“impugned brand name”), which is identical and similar to the plaintiffs‟ trademark and 4. The case of the plaintiffs, as canvassed in the plaint, is discussed as under: 4.1. Plaintiff no. 1 i