Tata Power Solar Systems Limited and Another v. www.tatapowersolardealership.co.in and Others
The plaintiffs, a trusted business that’s spent decades building its name, took legal action to stop individuals from unfairly misusing their trademark a symbol of their hard work and reputation. They argue that these actors, by copying or imitating their brand, aren’t just breaking the law (under Section 29 of India’s Trademark Act) but stealing something far more precious, the trust they’ve earned from customers over generations. The plaintiff has been using the term TATA & TATA Power Solar since February 2020. The plaintiff no. 1 TATA Power Solar System Limited is a subsidiary of TATA Power Renewable Energy Limited, engaged in solar energy solution and the plaintiff no. 2 that is TATA Sons Pvt. Ltd. owner of the TATA trademark, since 1917. Both has earned various awards and accolades on account of its approach towards bringing an innovation solution to meet energy demand. Both the plaintiffs have entered into Brand Equity Agreement to promote unified TATA brand.
‘TATA’ and ‘TATA POWER SOLAR’ are registered trademarks (Classes 9, 11, 37, etc.) with valid registrations until 2029–2032. Domain name www.tatapowersolar.com registered since 2012. The key issues of the case are that whether the defendants’ use of ‘TATA’ and ‘TATA POWER SOLAR’ in domain names/emails constitutes trademark infringement & passing off and whether the plaintiff is entitled to a summary judgment under Order XIII-A CPC (Commercial Courts Act, 2015) due to the defendants’ lack of defence.
The court observed that ‘TATA’ mark is a distinctive mark and has acquired secondary meaning due to longstanding use (since 1917) and extensive goodwill. Further the defendant’s domain name/emails slavishly copied the plaintiffs’ marks, causing confusion. Use of identical services (solar solutions) established infringement under Sections 29(2), 29(4) of the Trademarks Act, 1999. Hence, the court has granted permanent injunction against defendant (1-3) and (17-18) restrained from using ‘TATA’ or ‘TATA Power Solar’ or any similar mark.