Delhi High Court says Ratan Tata is a well-known personal name/mark that needs protection

The Delhi High Court on February 7 said that the name "Ratan Tata" is a well-known trademark which needs to be protected from any unauthorised use by any third party [Sir Ratan Tata Trust Vs Dr. Rajat Srivastava]..Justice Mini Pushkarna made the observation while hearing a trademark suit filed by Tata Group and Sir Ratan Tata Trust against misusing the Tata brand, trademarks and the name of late Ratan Tata."Thus, it is manifest that the name of Late Shri Ratan Tata is a well-known personal name/mark, which needs to be protected from any unauthorised use by any third party," the Court said.In view of the above observation, the Court on February 7 injuncted one Rajat Srivastava from hosting an award by the name 'Ratan Tata Icon Award' or using the name and photograph of late Ratan Tata for any purpose whatsoever including conferring any awards.A well-known trademark is a mark that has achieved such a high degree of recognition among the relevant public that its use by another party is likely to cause confusion, even if the goods or services offered by that party are different from those associated with the well-known mark. It's a mark that's so famous and recognizable that its mere presence evokes the brand in the minds of consumers..The suit filed by Tata Group and the Sir Ratan Tata Trust argued that they are among India’s most respected and well-known entities, with a legacy spanning over 150 years. The Tata name is synonymous with trust, quality, and ethical business practices, it was contended. The defendants, however, allegedly exploited this goodwill by organizing events and awards using the Tata name and Ratan Tata’s image without authorization, the plea alleged.The suit highlighted that the Srivastava and his organisation charged nomination fees for the event and promoted it on social media platforms, misleading the public into believing it was endorsed by the Tata Trusts. Despite receiving a takedown notice from Tata, the defendants continued to advertise the event, leading to the filing of the lawsuit..During the proceedings, the defendants’ counsel stated that the event had been canceled and the offending posts removed from their website. He also expressed no objection to a decree in favour of the plaintiffs. However, the court directed the defendants to file an affidavit affirming that they would not use the Tata name, trademarks, or Ratan Tata’s image in the future.The Court decreed the suit in favor of the Tata Group and Tata Trusts, granting a permanent injunction against the defendants. The plaintiffs, while satisfied with the outcome, waived their claim for damages and costs.."This Court notes that TATA has already been declared as a well-known mark. Further, late Mr. Ratan Tata, who was the Chairman of the plaintiff no. 2, is a well-known figure and his name as such is liable to be protected and cannot be used by any third party without any consent or authorization, from the plaintiffs..".It thus decreed the suit and ordered the defendants to submit an affidavit confirming they won't use the "TATA" or "TATA Trust" trademarks, or Ratan Tata's name or photo, for any reason, including awards. The case is now likely to come up for compliance on February 12. .The Tatas were represented by Senior Advocate Rajiv Nayar, with Pravin Anand, Achuthan Sreekumar,Swastik Bisarya and Saurabh Seth, Advocates. The defendants were represented by Advocate Maitreya..[Read Judgment]