TATA SONS PRIVATE LIMITED & ANR. vs MALLA RAJIV

Judgment text excerpt

$~19 * 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 Signature Not Verified Digitally Signed CS(COMM) 129/2024 Page 1 of 21 By:AMAN UNIYAL Signing Date:29.03.2025 21:27:44 product i.e., packaged mineral water product which was originally sold by plaintiffs under “TATA WATER PLUS” bearing trademark registration nos. 1842812 and 1842813 in Class 16 and Class 32 of the Trade Marks Act, 1999 (“Trade Marks Act”), respectively, and is now sold under “TATA COPPER+ WATER” bearing trademark registration no. 4747370 dated 17 th November, 2020 in Class 32 and trademark registration no. 3699764 dated 11th December, 2017 in Class 99 of the Trade Marks Act. 4. The case of the plaintiffs, as canvassed in the plaint, is discussed as under: 4.1. Plaintiff