Delhi High Court: In a suit filed by Super Cassettes Industries Private Limited, seeking permanent injunction restraining infringement, passing off, rendition of accounts, damages, etc., against the Defendant – Tata Motors Ltd., and having informed the Court regarding the parties reaching settlement, Prathiba Singh J., recorded the settlement term between the parties wherein the Defendant has acknowledged the rights of the Plaintiff in the ‘T-Series/T. Series’ marks, and the Plaintiff has acknowledged the Defendant’s rights in the mark ‘T’, ‘Tata Motors’ and the Tata logo.
It was submitted by Counsels for the parties that the parties have settled their disputes amicably and an application under Order XXIII Rule 3 CPC has been jointly filed by the parties.
The Court noted that the defendant has acknowledged the rights of the Plaintiff in the ‘T-Series/T.Series’ marks, and the plaintiff has acknowledged the Defendant’s rights in the mark ‘T’, ‘Tata Motors’ and the Tata logo. They have also agreed not to challenge each other’s respective trademarks registrations. In addition, the Defendant has undertaken not to use the mark ‘T-Series/T.Series’, in respect of automobile products, and has also agreed to remove the content bearing the impugned marks on the website, and other online social media platforms.
[Super Casettes Industries Private Limited v. Tata Motors Limited, 2022 SCC OnLine Del 3367, decided on 26-09-2022]
Advocates who appeared in this case :
Mr. Neel Mason, Mr. Ankit Rastogi, Ms. Chamanpreet Kaur, Mr. Siddhart Vardhman and Mr. Parva Khare, Advocates, for the Petitioners;
Mr. Sanjeev Sindhwani, Sr. Advocate with Ms. Nandini Gore, Mr. Yashwant Gaggar and Mr. Karanveer Singh Anand, Advocates, for the Respondents.
*Arunima Bose, Editorial Assistant has put this report together.
