In August 2021, Tata was informed that Anjani Bagaria, proprietor of M/S Jay Maa Shakti Enterprises, was selling manual and battery operated sprayer pumps and knapsack sprayer under the brand “TATA'S STAR SHAKTI” through the online portal www.mazing.store.

Source - Judgement

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Tata thereafter approached the Delhi High Court and filed a suit against Anjani Bagaria and Mazing Retail Private Limited seeking permanent injunction restraining infringement of registered trademarks, passing off, dilution and tarnishment of its “TATA” trademarks.

On scrutinizing the matter, the Court directed Anjani Bagaria to tender a complete statement of accounts of M/s Jay Maa Shakti Enterprises as well as the quantum of sale of the impugned products. As per the records, Anjani Bagaria had started trading under the mark since 2020 and had sold approximately 700 pieces and sales turnover of approx. Rs. 6.30 lakhs. Initially, the matter proceeded ex-parte, however Anjani Bagaria appeared before the Court in 2021 and submitted that she purchased the ‘TATA’ branded products from the market and sold them physically as well as on some online platforms, and that she had no objection if the suit was decreed as she did not intend to use the mark ‘TATA’ in future for any of her products.

Hence, the Court dealt the issue in a two-fold manner by passing an interim order restraining Anjani Bagaria her partners, associates and proprietors from infringing, passing off and unauthorized using the trademarks.

The Court further held that:

To conclude, both parties have amicably resolved the disputes and have agreed on the following measures to be taken:

1.     Removal of all references to the mark ‘TATA’ with respect to its products sold online.

2.     Payment of the token costs of Rs 25,000/- to Tata within a period of four weeks. Besides the token cost, Tata will have access to all the remedies against Anjani Bagaria if she or anyone working for her is found using ‘TATA’ in the future in any form whatsoever.

3.     Removal of the label ‘TATA’ from all the products seized by the Local Commissioner. The labels and the packaging will be destroyed in furtherance of restraining Anajani Bagaria and others from using it.

4.     The online platform ‘www.mazing.store’ will have no costs or damages to pay as it was merely an online platform and has not seemed to instigate Anjani Bagaria into the act of passing off.

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