Delhi High Court Grants Interim Injunction To Tata Group Against Website 'Tatacliqsmart' For Having Similar Domain Name As It's E-Commerce Platform 'Tatacliq'
The Delhi High Court has granted interim injunction to 'Tatacliq' E-commerce platform of Tata Group against website 'Tatacliqsmart' for having a similar domain name thereby alleging infringement of its trademark and copyright.A single judge bench comprising of Justice Subramonium Prasad observed thus:"This Court tried to open the website www.tatacliqsmart.com and found that the website cannot...
The Delhi High Court has granted interim injunction to 'Tatacliq' E-commerce platform of Tata Group against website 'Tatacliqsmart' for having a similar domain name thereby alleging infringement of its trademark and copyright.
A single judge bench comprising of Justice Subramonium Prasad observed thus:
"This Court tried to open the website www.tatacliqsmart.com and found that the website cannot be opened, however, the screenshots produced by the plaintiffs shows that the website is being used for online sale of several products including products of plaintiff No.1."
Furthermore, it said:
"It is therefore apparent that the defendant No.1 has shut down his website only because the present suit has been filed. This Court is therefore of the opinion that the plaintiffs have made a case of grant of interim injunction."
It was submitted before the Court that Tata Sons is an owner and registered proprietor of the trademark TATA as well as it's device mark and that the domain name www.tatacliq.com was registered on 23 September 2015.
In view of this, it was submitted that the domain name www.tatacliqsmart.com being identical to it's website, has only added the word "smart" before the name of its website which the defendants are not permitted to do.
Furthermore, it was also alleged that the defendant website was selling various TATA products at 'throw away prices' and that there is a likelihood that by using the word TATA the defendant would be selling fake products.
Hearing the said submissions, the Court ordered thus:
".. interim injunction in terms of the prayer (i) and prayer (ii) in I.A. No. 7543/2021 is granted against defendant No.1 till the next date of hearing. Let the provisions of Order XXXIX Rule 3 CPC be complied within 10 days from today."
The matter will now be heard on July 19.
Title : TATA SONS PRIVATE LIMITED & ANR v. M/S ELECTRO INTERNATIONAL & ORS