Tata Sons Private Limited v. Martuj Ali & Anr.
Case brief
What is this about?
Consent/compromise decree in trademark suit; well-known mark TATA; Tata Sons Private Limited v. Martuj Ali & Anr.; CS(COMM) 1161/2025; I.A. No. 30454/2025; Order XXIII Rule 3 r/w Section 151 CPC; settlement terms; acknowledgement of well-known trademark; abandonment of TM application 1199640; liquidated damages Rs. 50,00,000/- per violation; withdrawal of listings; destruction of infringing packaging; refund of 100% court fees under Section 16, Court Fees Act 1870; Justice Tejas Karia; Delhi High Court; order dated 05.12.2025.
What did the court decide?
Suit decreed against the Defendants in terms of settlement: Defendants acknowledge the Plaintiff as sole proprietor of the well-known 'TATA' mark and associated IP rights, apologise for unauthorised use of the mark in three languages, undertake never to unauthorisedly use the mark or any deceptively similar mark, to withdraw all online/offline listings of impugned products within 7 days, to destroy all impugned packaging within 7 days, not to challenge the abandonment of Defendant No. 1's device mark (TM application no. 1199640), and to pay Rs. 50,00,000/- damages for each violation of the settlement; Plaintiff agrees not to press prayers 46(e), (f) and (g) for rendition of accounts, damages and costs; Decree Sheet to be drawn up; Registry directed to certify refund of 100% Court Fees.