The Coca-Cola Company Versus Bisleri International Pvt. Ltd. & Ors.
Frito-Lay India & Ors. Versus Radesh Foods & Anr by admin — last modified 2009-08-13 16:20
NLS 8/4/2009/TM/CR/Del. CS (OS) No.1686/2003
HON'BLE MR. JUSTICE MANMOHAN SINGH JUDGMENT
1. The present suit has been filed by the Plaintiff for Permanent Injunction, infringement of Trademarks, Copyright and passing off and damages etc. against the Defendants. 2. When the suit was instituted, Plaintiff no. 1 was Fritolay India which now stands merged with Plaintiff no. 2 Company. During the pendency of the present suit, the mark LAY’S along with the Sun Banner Device as also the Sun Banner Device per se have become registered trade marks. In order to incorporate and bring on record these subsequent facts, the plaintiffs had moved an application under Order 6 Rule 17 CPC being I.A. No. 2994 of 2005 and the same was allowed vide order dated 05.05.2005. The case of the Plaintiff is that the Plaintiff no. 1 Company is a Corporation existing under the laws of the United States of America. 3. Pepsico India Holdings (P) Limited is duly authorised to take all actions to protect the various intellectual property rights of the Plaintiff no. 1 Company and its subsidiaries 4. The Plaintiff Company together with its subsidiaries, affiliates, associate companies is the largest seller of salted snack foods in the world. The salted snack foods of the Plaintiffs range from potato chips, corn chips, crunchy cheese balls and various Mexican snacks to bhujia and namkeens like Aloo Bhujia and Navratan Mix. These salted snacks of the Plaintiff Company are introduced in India under various trade marks, inter alia, Lay’s Cheetos, Ruffles, Lehar etc. since 1990. 5. The present case specifically relates to the Lay’s mark and packaging which has been used and adopted by the Plaintiffs inIndia. 6. The Defendants have adopted a deceptively similar mark “Leo” written in identical writing style as also the packaging, colour combination, layout, get – up and all the distinctive elements of
NLS 8/4/2009/TM/CR/Del. CS (OS) No.1686/2003
HON'BLE MR. JUSTICE MANMOHAN SINGH JUDGMENT
1. The present suit has been filed by the Plaintiff for Permanent Injunction, infringement of Trademarks, Copyright and passing off and damages etc. against the Defendants. 2. When the suit was instituted, Plaintiff no. 1 was Fritolay India which now stands merged with Plaintiff no. 2 Company. During the pendency of the present suit, the mark LAY’S along with the Sun Banner Device as also the Sun Banner Device per se have become registered trade marks. In order to incorporate and bring on record these subsequent facts, the plaintiffs had moved an application under Order 6 Rule 17 CPC being I.A. No. 2994 of 2005 and the same was allowed vide order dated 05.05.2005. The case of the Plaintiff is that the Plaintiff no. 1 Company is a Corporation existing under the laws of the United States of America. 3. Pepsico India Holdings (P) Limited is duly authorised to take all actions to protect the various intellectual property rights of the Plaintiff no. 1 Company and its subsidiaries 4. The Plaintiff Company together with its subsidiaries, affiliates, associate companies is the largest seller of salted snack foods in the world. The salted snack foods of the Plaintiffs range from potato chips, corn chips, crunchy cheese balls and various Mexican snacks to bhujia and namkeens like Aloo Bhujia and Navratan Mix. These salted snacks of the Plaintiff Company are introduced in India under various trade marks, inter alia, Lay’s Cheetos, Ruffles, Lehar etc. since 1990. 5. The present case specifically relates to the Lay’s mark and packaging which has been used and adopted by the Plaintiffs inIndia. 6. The Defendants have adopted a deceptively similar mark “Leo” written in identical writing style as also the packaging, colour combination, layout, get – up and all the distinctive elements of