Judicial determination of a "Well-known" Indian mark- TATA

This post provides a review of a recent judgment of the Delhi (CS(OS) No. 264/2008 and CS(OS) No. 232/2009), Tata Sons Ltd. vs Mr. Md. Jawed & Anr., (judgment available on Indiankanoon here).  

Amongst others, the plaintiffs stated that the defendant’s use of the mark (A-One TATA) was inherently deceptive.  The Court after referring to the provisions of the Trademark Act, Article 6bis of the Paris convention, Article 16 of the TRIPS provisions, and judicial recognition given to well known marks concluded that as far as India was concerned, “TATA is almost a household name.”   The Court also referred to a decision of the  High Court of Sindh, where the High Court of Sindh dismissed an application for mark TATARA tea.  The Court imposed punitive damages to the tune of Rs. two lakhs (Rs. 200,000) on the defendants and also retrained them permanently from using the TATA mark.  
The penultimate paragraph of the judgment provides a rationale for imposition of the punitive damages and the permanent injunction. It states:  “More and more foreign companies are entering our markets, with latest products. They would be discouraged to enter our country to introduce newer products and make substantial investments here, if the Courts do not grant adequate protection to their intellectual property rights such as patents, trademarks and copyrights..”  


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1 thought on “Judicial determination of a "Well-known" Indian mark- TATA”

  1. distinctiveness can be of two types either its having a non dictionary meaning or it can be acquired in this case i think the distinctiveness of TATA company is acquired by serving Indian people from a long time .

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