Super Cassettes Industries moves Delhi HC seeking injunction against Tata Motors over alleged trademark infringement
Feb 25, 2022
New Delhi [India], February 25 : Super Cassettes Industries Pvt Ltd (SCIPL) has filed a suit against Tata Motors Limited (TML) before the Delhi High Court seeking a permanent injunction against TML from using the marks "Ultra T.Series" or "Ultra Sleek T-Series Range" (Tata Motors Range of Trucks).
SCIPL, in the suit, has claimed that the mark "T-Series" is a registered mark of SCIPL under Class 12 since October 13, 1989. It has been alleged that in the second week of March 2021, it came to know that TML has launched a product under the impugned mark 'T-Series'/'T.Series' which is identical to SCIPL's mark "T-Series."
TML launched the video for the product "Ultra Sleek T-Series range" on YouTube which has more than 2,32,800 views. The launch of the product is promoted under the mark T-Series and is widely reported on various news platforms, states the suit.
The bench of Justice Amit Bansal on Friday said that the matter can be resolved amicably since it pertained to two well known and reputed companies. In view of the same, the matter was adjourned for four weeks so as to enable the parties to amicably resolve the issue.
Tata Motors Ltd. was represented by Senior Advocate Sanjeev Sindwani, along with a team of advocates from Karanjawala & Co. comprising of Nandini Gore, Senior Partner along with Advocate Natasha Sahrawat and Advocate Karanveer Singh Anand.
It was contended on behalf of TML that the present case is misplaced as there has in fact been no trademark infringement or passing off as alleged in the plaint.
It was submitted on behalf of Tata Motors Ltd. that in March 2021 a new range of smaller cabins on TATA Ultra was introduced which included a series of vehicles and its variants including T.6, T.7, T.9. The launch included a series of vehicles across Ultra range i.e. T.6 Cab, T.6 High Deck load body, T.6 Half Sideload body, T.7 Cab, T.7 High Deck load body, T.7 Half Sideload body, T.9 Cab, T.9 High Deck load body, T.9 Half Sideload body.
TML lawyers also submitted that the vehicles were registered with ARAI also as T.6, T.7, T.9. This series of vehicles signifying a cluster and that 'series' was used as a descriptive word. It was submitted that in the automobile industry the term 'series' is used as a descriptive word signifying a cluster of vehicles.
Other automobile giants like Audi, BMW, Scania also use the term 'series' to launch a line of new vehicles. It was submitted by way of illustration that BMW has 7 series, Audi has Q series.
