Tata Motors move court against trademark infringement
New Delhi: Tata Motors has filed a complaint before a Delhi court alleging infringement of its trademark and copyright by unknown persons manufacturing and marketing spurious ancillary automobile products under its name.
In the complaint filed in the court of Chief Metropolitan Magistrate Vidya Prakash, the company said it has learnt that some unknown persons were engaging in business of manufacturing, trading, distributing, storing and selling counterfeit and spurious products under its trademark.
The complaint sought direction to DCP (District Investigation Unit) Central District to take in custody and produce any person privy to production, storage or sale of any such objectionable articles.
The court was, however, informed that an FIR has already been registered in this regard.
"Issue notice to the Investigating officer …with direction to appear in person along with investigation file of said case," the CMM directed.
The complaint has been filed under Trademarks Act for falsification of trademark, under the Copyright Act and also under the Indian Penal Code for cheating, forgery using false property mark, possessing instruments for counterfeiting property mark etc.
Tata Motors told the court that it is engaged in business of manufacturing and selling of automobiles along with other ancillary products.
It said it is the owner of trademarks "TATA", "TATA Motors" and various other marks which are well recognised by public at large and its products are of very high quality which are associated with its trademark and enjoys goodwill and reputation.
"The company stands to suffer serious losses and prejudice if any person illegally violates and misuses the trademark and copyright of the company to market its own counterfeit and spurious products of sub-standard quality," the complaint said.
It said the unknown persons are applying name of the company to their inferior products and have in their possession dies, blocks, plates, instruments, devices and machinery for falsifying the trademark of TATA Motors.
It also said the general public is being cheated into buying counterfeit products from the accused who make them believe that it is product of TATA and wrongful loss is being caused to the company.