Delhi High Court Grants Permanent Injunction To Tata Against Trademark Infringement Of Its Packaged Drinking Water, Awards ₹10 Lakh Damages

The packaged mineral water product originally sold as 'Tata Water Plus' is now sold under the mark Tata Copper+ Water. The trademark was registered in January 2023.

The defendant is the proprietor of M/s. JK Enterprises, engaged in the business of marketing, selling and distributing packaged drinking water under the brand name JK Copper+ Water.

On 12 February 2024, the Court had issued ex parte ad interim injunction, restraining the defendant from manufacturing, selling, offering for sale, distributing, advertising, or in any manner dealing with the infringing product.

Justice Mini Pushkarna noted that the defendant did not file any written statement within the stipulated time and this proceeded with a summary judgment.

The Court took note of Tata's submissions that its product launched in 2012, is India's first nutrient packaged drinking water, which has been developed in collaboration with international scientists and nutrition experts. It noted that as the product includes nutrients such as copper and zinc, the packaging includes copper brown coloured label.

Comparing the two products, the Court noted that the defendant copied all the essential features and artistic work forming part of Tata's unique, peculiar and distinctive trade dress. It also noted that on inspection of the defendant's premises, the Local Commissioner found a huge quantity of infringing bottles using Tata's trade dress.

It observed that due to advertising, promotion, and long and extensive use, Tata has acquired an unprecedented reputation and goodwill among the consumers and public at large.

It observed that the similarities between the two products is a clear attempt to imitate Tata's product and to misappropriate its goodwill and reputation. It stated that the impugned product is likely to cause confusion among consumers and traders.

The Court held that a case of trademark and copyright infringement was made out. It thus issued a permanent injunction in favour of Tata, restraining the defendant from infringing its mark/trade name/trade dress.

The Court further directed the defendant to pay Rs. 10 lakh as damages to Tata. It also noted that Tata was entitled to the actual costs of the suit and thus asked to to submit the bill of costs within two months.

Case title: TATA SONS PRIVATE LIMITED & ANR. VS. MALLA RAJIV

Citation: 2025 LiveLaw (Del) 398