Case Title: Sir Ratan Tata Trust Vs. Dr. Rajat Shrivastava
Date of Order: 7th February 2025
Case No.: CS(COMM) 104/2025
Neutral Citation: 2025:DHC:793
Court: High Court of Delhi at New Delhi
Judge: Hon'ble Ms. Justice Mini Pushkarna
Facts of the Case:
The plaintiffs, Sir Ratan Tata Trust and Tata Sons Private Limited, sought a permanent injunction against the defendants for unauthorized use of their trademarks, including TATA, TATA TRUSTS, and the personal name and image of Late Shri Ratan Tata. The defendants, led by Dr. Rajat Shrivastava, allegedly organized a fraudulent event titled “The Ratan Tata National Icon Award 2024”, misrepresenting it as being associated with the Tata Group.
The defendants solicited nominations for the event by charging ₹3,000 for Indian applicants and USD 100 for international applicants. The event was promoted using misleading posts on social media, creating an impression of Tata Group’s endorsement. Despite a takedown notice issued in December 2024, the defendants persisted with similar promotions for a 2025 iteration of the event.
Issues:
1. Trademark Infringement: Whether the unauthorized use of the marks TATA and TATA TRUSTS constituted trademark infringement under the Trade Marks Act, 1999.
2. Copyright Infringement: Whether the use of the Tata logo and the image of Late Shri Ratan Tata violated the plaintiffs’ copyright under the Copyright Act, 1957.
3. Passing Off: Whether the defendants' activities amounted to passing off by misleading the public into believing the event was affiliated with the Tata Group.
4. Personal Rights Posthumously: Whether the defendants' use of Shri Ratan Tata's name and image infringed on the personality rights of a deceased individual.
Reasoning and Analysis by the Court:
1. Trademark and Copyright Infringement:
The court found that Tata Sons was the registered proprietor of the marks TATA and TATA TRUSTS, which had acquired substantial goodwill over decades. The unauthorized use of these marks to promote a spurious event clearly constituted infringement.
2. Misappropriation of Personality Rights:
Referring to the case Mr. Arun Jaitley v. Network Solutions Pvt. Ltd. (2011 SCC OnLine Del 2660), the court reiterated that a well-known personal name enjoys protection akin to a trademark. It further cited the U.S. judgment Martin Luther King Jr. Center for Social Change v. American Heritage Products, Inc. (694 F.2d 674, 11th Cir. 1983), which recognized the survivability of personality rights beyond the individual's death.
3. Passing Off and Deceptive Practices:
The defendants' activities were found to be a calculated attempt to deceive the public by capitalizing on the Tata Group's goodwill. Public comments thanking Tata Trusts for the award underscored the confusion caused by these misleading promotions.
4. Defendants' Conduct:
Despite receiving a takedown notice, the defendants continued their activities, indicating bad faith. The court noted the absence of any legitimate explanation for using the Tata brand and Late Shri Ratan Tata’s name and image.
Decision:
The High Court granted a permanent injunction against the defendants, directing as follows:
1. Prohibition of Unauthorized Use:
The defendants were permanently restrained from using the marks TATA, TATA TRUSTS, and the name, image, or likeness of Late Shri Ratan Tata.
2. Cancellation of Event:
The event titled “Ratan Tata National Icon Award 2025” was prohibited from proceeding.
3. Affidavit of Undertaking:
The defendants were ordered to file an affidavit within two days, affirming that they would not use the Tata trademarks or the name/image of Late Shri Ratan Tata in the future.
4. Waiver of Damages:
The plaintiffs, satisfied with the court's protection, chose not to pursue claims for costs and damages.
