Well-known trade mark protection applies where use of TATA on unrelated goods creates deceptive association and unfair advantage.

Use of the mark TATA on pressure cookers is treated as infringing a well-known trade mark and as passing off where the mark has acquired reputation through long, extensive and exclusive use, supported by registrations and judicial recognition. Section 29(4) of the Trade Marks Act, 1999 protects a registered mark with reputation in India against use on dissimilar goods if such use takes unfair advantage of, or is detrimental to, the mark's distinctive character or repute. Because the impugned mark was identical or deceptively similar, adopted for unrelated goods, and likely to create unjustified association and consumer deception, the analysis concludes that injunctive relief, destruction of infringing material, and compensatory damages are warranted.

---

---

Issues: Whether the defendants' use of the mark TATA on pressure cookers amounted to infringement of a well-known trade mark and passing off, and whether the plaintiff was entitled to injunctive relief and damages.

Analysis: The mark TATA had acquired the status of a well-known trade mark through long, extensive and exclusive use, supported by registrations and judicial recognition. Section 29(4) of the Trade Marks Act, 1999 protected registered marks with reputation in India against use on dissimilar goods where such use takes unfair advantage of, or is detrimental to, the distinctive character or repute of the mark. The impugned mark was found to be identical or deceptively similar, used on goods unrelated to the plaintiff's own, and likely to convey an unjustified association with the plaintiff. The record, including the local commissioner's report and unrebutted evidence, established dishonest adoption, dilution, and consumer deception.

Conclusion: The use of TATA on the impugned goods constituted both infringement and passing off, and the plaintiff was entitled to a permanent injunction, destruction of infringing material, and compensatory damages.

---