HC protects TATA's trade mark, restrains firm from using TA-TA

NEW DELHI: The alleged attempt of a little known firm to pass off its products as goods made by Tata Group of Companies has been brought to the notice of the Delhi High Court which restrained it from using any brand name deceptively similar to that of Tatas and issued notice to the defendant for January nine.
Justice M A Khan in an ex-parte interim order restrained the Delhi-based Mahavira Enterprises and its other business entities from using the trade name "TA-TA" or any other mark deceptively identical to Tata Sons Ltd''s registered trade mark "TATA" for manufacturing and marketing sanitation hardware building materials including PVC pipes.
Holding that the use of brand name "TA-TA" by local firm, which is phonetically and visually identical to "TATA" amounts to infringement of registered trade mark, the court said "the balance of convenience also lies in favour of grant of an ad-interim injunction and the plaintiff (Tata Sons Ltd) may suffer irreperable loss and injury if the injunction is not granted at this state".
Tata''s counsel Pravin Anand had alleged that the local firm not only infringed the brand name of the corporate giant but adopted a deceptively identical name to pass off its goods as those emanating from the House of Tatas.
The Tatas submitted that the malafide of the local firm came to their knowledge in the month of June this year when they came across the advertisement in Trade Mark Journal that Mahavir Enterprises have applied for registration of trade mark "TA-TA" for ''sanitary and bathroom fittings''.

Contending that it was highly improbable that the local firm''s choice of the mark "TA-TA" was a mere coincidence, Anand said they were guilty of knowingly and intentionally poaching on the well known trade mark of the Tata Sons Ltd.
Asserting that the trade mark "Tata" has acquired exclusive common law rights, the counsel said the mark was being used in relation to broad spectrum of goods manufactured by the companies belonging to the House of Tatas and misuse by third party will lead to dilution and erosion of uniqueness and exclusivity associated with the brand name "TATA".
Accepting the arguments, the court observed "upon consideration of the prayers made in the application, it appears that the plaintiff (Tata Sons Ltd) has raised a bonafide dispute and serious contentions for investigation and trial".
"Accordingly, the defendants (Mahavir Enterprises) and its agents are restrained from manufacturing, selling... or dealing in sanitary and bathroom fittings including PVC pipes or any other product under the trade mark ''TA-TA'' or any other mark identical or deceptively similar to ''TATA'' till the next date," the court said issuing notice to defendant for January nine.