Delhi High Court Injuncts Imposter Domain Names From Infringing Trademark Of Tata Power Solar Systems Ltd

Tata Power Solar Systems Limited (plaintiff) filed suit for a permanent injunction against domain names including tatapowersolardealership.co.in, tatapowersolars.com, tatapowersolars.org and tatapowersolarroof.com for using its trademark and duping customers by using its mark.

Tata Power Solar Systems Limited submitted that it was incorporated in 1989 and is one of the largest solar companies in India. It stated that it has been using 'TATA POWER SOLAR' and formative trademarks since February, 2020.

Tata Power Solar submitted that its trademark has acquired an immense reputation and goodwill among consumers. It stated that it has earned various awards and accolades on account of its ambitious approach towards creating innovative solutions to meet the growing energy demands while reducing carbon footprints.

It stated that during the financial year 2023-2024, the sales turnover of products under 'TATA POWER SOLAR' brand was approximately Rs. 1907 crores and that the advertising expenses was around Rs. 23 crores.

Tata Power Solar submitted that the defendants are registrants of the impostor domain names. It is stated that Tata Power Solar was alerted that the defendants are duping many innocent persons by using their marks as trade names, domain names and email addresses.

It is alleged that the defendants are contacting the prospective customers of Tata Power Solar via calls and WhatsApp messages, claiming themselves to be employees of the company and collecting various sums of money as well as duping innocent customers under the promise of providing services and dealerships of the company.

On 20 May 2024, the Court had granted ex-parte ad interim injunction, restraining the defendants from using impugned marks.

Justice Amit Bansal noted that the defendants have not filed any written statement and have not set up any defence. The Court was thus of the view that it was a fit case for summary judgment.

“Therefore, I am of the opinion that no purpose would be served by directing the plaintiffs to lead ex parte evidence by filing an affidavit of examination in chief and the plaintiffs are entitled to a summary judgment.”

The Court noted that the impugned domain names and email addresses used by the defendants indicate that they have copied Tata's trademarks. It also stated that the defendants took unfair advantage of Tata Solar Power's reputation and goodwill. It stated that the defendants have deceived consumers by associating themselves with Tata and using its registered marks.

The Court observed that a case of trademark infringement and passing off was made out.

“Based on the discussion above, a clear case of infringement of trademarks is made out. The plaintiffs, through their annual turnover and promotional expenses, have also been able to show their goodwill and reputation in respect of the aforesaid trademarks among the members of the trade and public. The defendants no.1-3 and 17-18 have taken unfair advantage of the reputation and goodwill of the plaintiffs' trademarks and have also deceived the unwary consumers of their association with the plaintiffs by dishonestly adopting the plaintiffs' registered marks without any plausible explanation. Therefore, the plaintiffs have established a case of passing off as well.”

The Court thus issued a permanent injunction in favour of Tata Solar Power, restraining the defendants from infringing Tata's marks.

Case Title: TATA POWER SOLAR SYSTEMS LIMITED & ANR VS. WWW.TATAPOWERSOLARDEALERSHIP.CO.IN & ORS.

Citation: 2025 LiveLaw (Del) 205