Trademark infringement disputes can have significant consequences for businesses, as they
can impact a company's brand reputation, customer base, and financial stability. One recent
case that gained attention in the beverage industry is the trademark infringement dispute
between “Tata Water Plus” and “Taza Water Plus”.
Tata Sons Limited is a well-known conglomerate that operates across various sectors,
including beverages. Tata Sons owns the popular drinking water brand "Tata Water Plus" and
has been marketing and selling its products under this trademark.
Taza Water Plus, on the other hand, is a smaller beverage company owned by Sarfaraz Khan
that produces and distributes bottled water. The company has been operating in the same
market using the trademark "Taza Water Plus" for its bottled water.
Tata Sons accused ‘Taza Water Plus’ of trademark infringement. Tata Sons alleged that Taza
Water Plus' use of the trademark "Taza Water Plus" was confusingly similar to its own
trademark "Tata Water Plus," and it was likely to cause confusion among consumers.
Tata Sons argued that ‘Taza Water Plus' use of a similar trademark as the trademark adopted
by the defendant “Taza Water Plus” was nearly identical to the trademark “Tata Water Plus”
for mineral water bottles and identical packaging that could mislead consumers into thinking
that their products were affiliated with or endorsed by Tata Sons, leading to potential loss of
sales and damage to its brand reputation.
Court’s Decision
The court cited that the defendant has not appeared before the court, nor has submitted a
written statement in its defense within the permissible timeframe of 120 days. Therefore, his
right to do so has been forfeited.
The court also stated that the defendant has used identical trade dress as that of the plaintiff
which includes the brown and blue strips and the words mentioned therein and even their font
size and style. The words “TAZA WATER PLUS” on Defendants’ packaging are written in a
font and manner which is identical to the way in which the Plaintiffs have written the words
“TATA WATER PLUS”. The only visible change is that the third letter “T” in “TATA” has
been replaced by “Z” in “TAZA”. Further, Plaintiff’s product label which features a splash of
water as a device next to the word “PLUS” has been slavishly copied in the form of a heart-
shaped splash of water which is also placed identically as Plaintiff’s device.
After evaluation thoroughly court found that the mark was deliberately used with an ulterior
motive of benefitting from the immense goodwill associated with the Well- known trademark
“TATA”.
As a result, the court issued an injunction against Taza Water Plus, restraining them from
using the trademark "Taza Water Plus" for bottled water products. Taza Water Plus was also
directed to pay damages amounting to Rs. 3 Lakhs to Tata Sons Limited for the infringement
of its trademark and was directed to hand over the infringed material plaintiff’s authorized
representative.
