HC restrains company from using Tata trademark

The Delhi High Court has restrained a company from using the word 'TATA' in its trade name, saying that TATA group has exclusive right over it.

Manoj Dodia, owner of Durga Scale Company, is restrained from using the word TATA for its brand or for any other commercil purposes, Justice VK Jain said while allowing the plea of Tata Sons.

"The defendant is restrained from using the registered trade mark TATA or any other registered trade mark of plaintiff (Tata Sons) company or a mark identical to or similar to any of the registered trade mark of the plaintiff company either on the weighing machines and spring balances or in relation to any other product," the court said.

The court also imposed a fine of Rs two lakh on Manoj Dodia, which would be payable to Tatas. Durga Scale Company is not a registered company.

"In the facts and circumstances of the case, punitive damages amounting to Rs 2 Lacs are awarded to Tatas against defendant Manoj Dodia," the court further said.

The court's direction came over a petition filed by Tata Sons, seeking direction to Durga Scale Company, restraining it from manufacturing, selling and directly or indirectly dealing in goods bearing the trademark A-ONE TATA or any other mark confusingly similar to trade mark TATA.

Durga Scale Company owned by Manoj Dodia is engaged in manufacturing weighting scales and springing balances under the trademark A-ONE TATA.

The above trade mark was opposed by the Tata group, which said it was deceptively similar to its brand name and was causing confusion among the people.

The home-grown conglomerate further said that house of Tatas consisted of over 100 companies of which more than 50 companies used TATA as a key and essential part of their corporate names.

The court accepted Tatas' contention that they were proprietors of trademark TATA as it had been in long, continuous and extensive use by the group and acquired a reputation in business as a well-known trademark.

A well-known trademark is a label, which is widely known to the general public and enjoys a comparatively high reputation among them.

The court also said, "It is difficult to dispute that as far as India is concerned, TATA is almost a household name. The house of TATAs is one of the oldest business houses in our country and the group has substantial presence in a large number of sectors."