Note: The arguments of the Defendants were not mentioned as the case was proceeded against ex parte.

Facts:

• TATA Sons Limited (Plaintiff) was a body corporate established in 1917 running its business in the field of multiple industries with the name/Trademark name TATA.
• The Plaintiff was the proprietor of the trademark TATA as well as the “T within a circle”.
• Gina Kilindo (Defendant) was the owner of the Tata Agro Holding Ltd. and also the registrant of the impugned domain names www.tataagro.com, www.tataagro.biz, www.tataagro.org and www.tataagro.net.
• In January 2014, the Plaintiff got to know about the usage of aforementioned domain names by the Defendants.
• Hence, the present case was filed before the court bythe Plaintiff pertaining to the impugned aforementioned domain names and the websites which were parked on the said domain names as well as the Defendant's use of the well-known trademark TATA of Plaintiff as its corporate name i.e. TATA AGRO HOLDING.
  

Background:

• I.A. No.266/2014 (Exemption): An application for exemption was filed and allowed, subject to just exceptions. This application was disposed of.
• I.A. No.267/2014 (u/s 148 CPC): Another application was filed by the Plaintiff under Section 148 CPC seeking time to file the deficient court fee. The Plaintiff undertook to file the court fee within four days, and the application was disposed of accordingly.
• I.A. No.265/2014 (for stay): An application under Order XXXIX Rules 1 & 2 read with Section 151 CPC was filed by the plaintiff seeking an ad-interim injunction order. The court issued a notice to the Defendants, returnable on 21st March 2014.
• CS(OS) No.46/2014: It was filed by the Plaintiff seeking various reliefs including permanent injunction against the Defendants for trademark infringement, passing off, dilution and tarnishment of trademark, damages, rendition of accounts, delivery up, transfer of domain name, etc.
  
  

Main Issue:

Whether similarity of marks between two products in the same line of business amounts to the infringement of rights of the company having greater goodwill in the market?