HC grants interim injunction in favor of Tata Group against "Tatacliqsmart" Website

  

On 28th June, a bench of Delhi High Court consisting of Justice Subramoniam Prasad granted interim injunction in favour of Tata Group against an e-commerce website called "Tatacliqsmart" as it has similar domain name as that of "Tatacliq" which is owned by Tata.

Facts of the case:

The plaintiff, "Tatacliq" is a part of the TATA Group and is engaged in the business of e-commerce, dealing in various products through its e-commerce platform www.tatacliq.com. However the defendants are selling similar products in its website which goes by the name of "tatacliqsmart". Thus, it is the case of the plaintiff that the defendant has infringed of the plaintiffs' registered trademark and copyrights

Contention of the plaintiff:

Mr. Pravin Anand, the learned counsel for the plaintiffs contended the following:

 

1. It was submitted that defendant No.1 is the owner of the domain name www.tatacliqsmart.com which is identical to the website of plaintiff No.2 i.e. www.tatacliq.com. He stated that the defendant had only added the word "smart" on the name of the website owned by the plaintiffs, which defendants are not permitted to.
2. He also contended that defendant No.1 through its website www.tatacliqsmart.com deals in various products including products of plaintiff No.1 Company.
3. It was argued that the acts of the defendants amounted to infringement of the plaintiffs' registered trademark and copyrights.
4. It was further submitted that through its website www.tatacliqsmart.com was selling various TATA products at throw away prices and there was a likelihood that by using the word TATA the defendant would be selling the products which are not actual products of TATA but are fake products.

Order and observation of the court:

The Hon'ble bench of the High Court made the following observation:

1. When the court couldn't access the site of the defendant it found that it was apparent that the defendant had shut down his website only because the present suit has been filed.
2. The court was therefore of the opinion that the plaintiffs have made a case of grant of interim injunction.

In the light of the above granted interim injunction against "tatacliqsmart" until the next date of hearing.                                                   Read Order 

 

 

SOURCE ; latestlaws.com

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