Legal costs and expenses awarded by court in TM infringement suit concluded ex parte

Tata Sons obtains permanent injunction against defendants operating logistics business illegally using TATA for their trade and domain name. Legal fees and expenses awarded in suit despite defendants’ failure to enter appearance.

Tata Sons approached the Delhi High Court after learning of the ‘www.tatasafe.com’ domain name being used by the defendants for their logistics business. The defendants had further billed themselves as ‘TATA SAFE PACKERS AND MOVERS’.

The court noted, unhesitatingly, that the defendants had incorporated TATA in their business name and for the domain/website in order to associate themselves with the well-known TATA mark.

It granted a permanent injunction against the defendants’ use of the infringing domain name and the use of the TATA mark in their business name.

Significantly, despite the matter being decided ex parte with the defendants staying away from the proceedings, the court also took the bill of costs on record, terming it “reasonable”. Tata Sons was held to be entitled to legal costs and miscellaneous expenses of approximately Rs.2.18 lac.

Tata Sons Limited v Sunil Kumar Jangra & others; before the Delhi High Court; judgment dated 9.10.2017