The Delhi High Court has ruled in favor of Tata Sons Private Limited in a trademark and copyright infringement case against a seller marketing packaged drinking water under the name 'JK Copper+ Water'. The court issued a permanent injunction preventing the defendant from continuing its infringing activities and awarded ₹10 lakh as damages to Tata.
Tata's packaged mineral water product, originally branded as 'Tata Water Plus', is now sold as 'Tata Copper+ Water'. The trademark for 'Tata Copper+ Water' was officially registered in January 2023.
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Background of the Case
The defendant, M/s. JK Enterprises, was engaged in marketing, selling, and distributing packaged drinking water under the brand name 'JK Copper+ Water'. On February 12, 2024, the Court had previously issued an ex parte ad interim injunction, restraining the defendant from manufacturing, selling, distributing, or advertising the infringing product.
Justice Mini Pushkarna, while delivering the judgment, noted that the defendant failed to submit any written statement within the stipulated time. Consequently, the Court proceeded with a summary judgment.
The Court acknowledged Tata's claim that its Tata Copper+ Water, launched in 2012, was India’s first nutrient-enriched packaged drinking water, developed in collaboration with international scientists and nutrition experts. Given its nutritional composition, which includes copper and zinc, the product is sold in copper-brown colored packaging.
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Upon comparing the two products, the Court found that the defendant had copied all essential features and artistic elements forming Tata’s distinctive trade dress. A Local Commissioner inspecting the defendant’s premises discovered a large quantity of infringing bottles designed to mimic Tata’s product.
The Court also observed that Tata's extensive advertising and promotion had established a strong reputation and goodwill in the market. The striking similarities between the two products indicated a deliberate attempt by the defendant to misappropriate Tata’s brand identity and deceive consumers.
"The similarities between the two products are a clear attempt to imitate Tata's product and to misappropriate its goodwill and reputation." - Justice Mini Pushkarna
The Court ruled that the defendant’s product was likely to cause confusion among consumers and traders, thereby establishing a clear case of trademark and copyright infringement.
The Court issued a permanent injunction restraining the defendant from:
- Using Tata’s trademark, trade name, or trade dress.
- Manufacturing, selling, distributing, or advertising 'JK Copper+ Water'.
Additionally, the Court ordered the defendant to pay ₹10 lakh as damages to Tata and granted Tata the right to claim the actual costs of the lawsuit. The company was directed to submit the bill of costs within two months.
Case title: TATA SONS PRIVATE LIMITED & ANR. VS. MALLA RAJIV (CS(COMM) 129/2024)
