Delhi HC orders restraint on 'imposter' sites using Tata trademark

The Delhi High Court has restrained imposter domains found infringing the trademark of Tata Power Solar Systems Limited.

Justice Amit Bansal was hearing the plea filed by Tata Power Solar Systems Limited against the infringement of its trademark by registrants of four imposter domains: www.tatapowersolardealership.co.in, www.tatapowersolars.com, www.tatapowersolars.org and www.tatapowersolarroof.com  In a February 13 order, the court said, A bare perusal of the impugned domain names and email addresses used by the defendants (imposter domains registrants) makes it apparent that the said defendants have slavishly copied the plaintiffs' registered and well-reputed trademark TATA' and TATA POWER SOLAR' formative marks and the products of the said defendants bearing the impugned marks are being used for identical services, i.e., solar energy solutions.

The court said it was a "clear case of infringement" of trademarks where the imposter domains took unfair advantage of the reputation and goodwill of the Tata trademarks aside from deceiving unwary consumers.

The court said none of the imposter domains appeared before the court.

"A decree of permanent injunction is passed in favour of the plaintiffs and against the defendants, held the court.

While court directed the suspension of www.tatapowersolarroof.com, it was informed that the other two had been suspended.