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Delhi High Court Permanently Restrains Domain Names/Websites From Infringing Tata Group's 'CROMA' Trademark
Sanjana Dadmi
25 Feb 2025 8:00 AM
The Delhi High Court recently issued a permanent injunction in favour of the Tata Group's subsidiary Infiniti Retail Limited, the owner of 'CROMA' trademark, against trademark infringement by domain names/websites using the said mark.The electronic goods retail chain Infiniti Retail Ltd (plaintiff) stated that it is a wholly owned subsidiary of Tata Sons Pvt Ltd and part of the Tata Group and...
The Delhi High Court recently issued a permanent injunction in favour of the Tata Group's subsidiary Infiniti Retail Limited, the owner of 'CROMA' trademark, against trademark infringement by domain names/websites using the said mark.
The electronic goods retail chain Infiniti Retail Ltd (plaintiff) stated that it is a wholly owned subsidiary of Tata Sons Pvt Ltd and part of the Tata Group and was incorporated in 2005. It stated that it offers a wide range of products at its stores, including consumer products, electronic items, household appliances, kitchen accessories, mobile phones, computers, audio and video products.
Infiniti stated that is registrations of around 130 trademarks including 'CROMA' formative marks in relation to a wide range of goods and services. It stated that CROMA mark was declared as a 'well-known mark' by the Registrar of Trade Marks in February 2020.
It sought permanent injunction against domain names/websites (defendant nos. 1, 2, 3, 12, 20 and 21) for trademark infringement and passing off of its CROMA marks.
Infiniti stated that the domain names consisting of the word 'CROMA' is causing confusion among the consumers and deceiving the consumers into believing that such infringing domain names/websites are connected with it. It stated that the unauthorised use of its mark dilutes its brand identity and causes financial and reputational harm to it.
On 25 July 2022, the Court had granted temporary injunction in Infiniti's favour and had directed the blocking of defendants' domain names.
Infiniti moved an application seeking summary judgment against the defendants under Order 13A CPC.
Justice Prathiba M. Singh noted that despite being served, none of the defendants filed replies to Infiniti's application seeking summary judgment.
The Court stated that not contesting the suit by the defendants indicates that they have no valid defence. The Court thus proceeded with a summary judgment.
It observed that the impugned domain names deceptively misleads consumers and infringes upon Infiniti's CROMA trademarks.
The Court thus issued permanent injunction against the defendants, restraining them from using the Croma marks.
It directed the Domain Name Registrars including GoDaddy to transfer all the impugned domain names to Infiniti upon payment of usual transfer/renewal charges.
It further directed the service providers Vodafone Idea and Reliance Jio to permanently suspend the mobile numbers of the defendants. It also directed permanent suspension/freezing of the defendants' bank accounts and UPI ids.
Case title: Infiniti Retail Limited vs. M/S Croma Wholeseller & Ors.
Citation: 2025 LiveLaw (Del) 228
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