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Anheuser-Busch Inbev India Ltd vs Regent Beers And Wines Limited And Ors on 25 April, 2022

Author: Prathiba M. Singh

Bench: Prathiba M. Singh

                                                               Signature Not Verified
                                                               Digitally Signed
                                                               By:DEVANSHU JOSHI
                                                               Signing Date:26.04.2022
                                                               18:15:54

$~15
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+                CS(COMM) 188/2020
     ANHEUSER-BUSCH INBEV INDIA LTD.         ..... Plaintiffs
                 Through: Mr. Pravin Anand & Mr. Apoorv
                           Bansal, Advocates.(M:7044127966)
                 versus

      REGENT BEERS AND WINES LIMITED AND
      ORS.                               ..... Defendants
                     Through: None.
      CORAM:
      JUSTICE PRATHIBA M. SINGH
               ORDER

% 25.04.2022

1. This hearing has been done through hybrid mode.

2. It is submitted by Mr. Saransh Saini, ld. Counsel, that the Defendants are not giving any instructions to the counsel. He further submits that Defendants have already been informed that the Counsel would be seeking discharge in the matter. Therefore, Mr. Saini seek discharge from the suit on behalf of Ms. Sheetal Vohra, ld. Counsel for the Defendants.

3. The Counsel are discharged from the suit. Let the documents showing the notice has been to the Defendants be placed on record within one week with advance copy copy to the ld. Counsel for the Plaintiff.

4. Since none is appearing for the Defendants, they are proceed ex parte.

5. The Court has perused the Plaintiff's product and the Defendant's infringing product. The same are extracted below:

6. A perusal of the same shows that the Defendant has copied the colour combination of the cans, the packaging, the positioning of the various elements, and other features of the Plaintiff's product. There is no doubt that the Defendant's beer cans are a substantial reproduction and a colourable imitation of the Plaintiff's beer cans. In view of the same, the interim injunction already granted vide order dated 23rd June, 2020 is confirmed.

7. Since there is no appearance for the Defendant and having examined the merits, this is a fit case for grant of a permanent injunction as prayed in the Plaint. Accordingly, the suit is partly decreed in terms of paragraph 48(a), (b),

(c), and (d) of the plaint. Let the decree sheet be drawn accordingly.

8. Ld. Counsel for the Plaintiff submits that the Defendant would have made enormous monetary gains by using the impugned packaging and marks. The Plaintiff wishes to seek the relief of damages. Let affidavit by way of evidence in respect of damages be filed in eight weeks.

9. List before the Joint Registrar on 21st July, 2022.

10. List before the Court on 5th September, 2022.

PRATHIBA M. SINGH, J.

APRIL 25, 2022 dj/sk