IA No.9089/2010 in CS(OS) No.1407/2010 Page 2
revenue generated within India was equivalent to 2.1% of India‟s Gross Domestic Products at
Current market price, and the exports per USD 6.3 b
illion, equivalent to 3.4% of India‟s exports.
The plaintiff has over 3.5 million shareholders and its assets are valued at US$ 51.7 billion. It iscontended that TATA companies have laid the foundation in the industrial core sectors,pioneering the iron & steel, textiles, power, chemicals, hotels and automobile industries in India,and that the TATA brand encompasses diverse businesses and services such as computers andcomputer software, electronics, telecommunications, financial services, mutual funds, tea andpublishing. It is further stated that the TATA group was ranked 13
the list of World‟s 50
Most Innovative Companies by Business Week, for the year 2009. Further, the TATA brand hasalso been ranked 65
among top 100 brands worldwide, listed by Brand Finance, (anindependent company focused on the management and valuation of brands) Global 500 ReportMarch 2010. Further, for the year 2009, the Plaintiff was ranked as the wor
most reputedcompany according to a study complied by United States based Reputation Institute. Documents
pertaining to the „well
known‟ status, reputation and goodwill enjoyed by the plaintiff company
have been filed in the present proceedings.3. It is stated that the plaintiff has been continuously and consistently using the trademark and trade name TATA, which is a rare and distinctive patronymic name possessing thedistinctiveness of an invented word, for its own business activities and those of companies
promoted by it. The use of the trademark and name TATA by the plaintiffs‟ predecessors in
business dates back to 1868. The plaintiff contends that TATA has acquired an excellentreputation from the beginning and down the decades, it has consistently been associated with,and denotes the conglomeration of companies forming the TATA Group, colloquially alsoreferred to as the House of TATA, which are known for high quality of products manufacturedand or services rendered under the trademark / name TATA. The house of TATA consists of over 100 companies which use TATA as a key and essential part of their corporate name. Theplaintiff refers to several overseas TATA companies, philanthropic bodies and autonomous units.The plaintiff claims proprietorship of the TATA trademark due to prior adoption, longcontinuous and extensive use and advertising, and the consequent reputation accruing to it. Theplaintiff, as proprietor of the TATA mark enjoys exclusive rights.