Delhi High Court - Orders
Pepsico Inc. & Anr vs Parle Agro Private Limited on 3 June, 2021
Author: Anu Malhotra
Bench: Anu Malhotra
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 268/2021, I.A. 7170/2021, I.A. 7171/2021,
I.A.7172/2021 & I.A. 7173/2021
PEPSICO INC. & ANR. ..... Plaintiff
Through: Mr. Sandeep Sethi, Sr. Advocate with
Mr. Dheeraj Nair, Mr. Manish K. Jha,
and Ms. Shruti Dass, Advocates.
versus
PARLE AGRO PRIVATE LIMITED ..... Defendant
Through: Mr. Chander Lall Sr. Adv. along with
Mr. Ankur Sangal, Ms. Pragya
Mishra, Ms. Imon Roy, Advocates.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 03.06.2021 (hearing through Video Conferencing) I.A.7172/2021 & I.A. 7173/2021 (Ex.) Exemptions allowed subject to all just exceptions. The applications stand disposed of.
I.A. 7171/2021Allowed, subject to all just exceptions. The application stands disposed of. CS(COMM) 268/2021 & I.A. 7170/2021 The present suit is the suit for permanent injunction against the CS(COMM) 268/2021 Page 1 of 5 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:03.06.2021 19:35:12 This file is digitally signed by PS to HMJ ANU MALHOTRA.
Defendant to restrain from infringement, passing off, dilution and unfair trade competition and damages under Sections 27 And 29 of the Trade Marks Act, 1999, wherein the prayers made by the plaintiff are to the effect:-
"(i) A decree of permanent injunction to restrain the Defendant, by itself, its agents, representatives, servants, men, distributors and all those acting in concert with it or on its behalf or claiming under or through it or otherwise howsoever, from using expression/tagline "For The Bold", and/or any other expression identical to and/or deceptively similar to the Plaintiff No. 1 's registered mark/tagline "For The Bold", in relation to its products or otherwise in connection with its business or in any manner whatsoever so as to result in violation of the statutory and exclusive proprietary rights of the Plaintiff No.1 in its registered trade mark/tagline "For The Bold".
(ii) A decree of permanent injunction to restrain the Defendant, by itself, its agents, representatives, servants, men, distributors and all those acting in concert with it or claiming under or through it or otherwise howsoever, from using expression/tagline "For The Bold", and/or any other expression identical to and/or deceptively similar to the Plaintiff No.1's registered mark/tagline "For The Bold", in relation to its products or otherwise in connection with its business or in any manner whatsoever and from in any manner, passing off or attempting to pass off or causing, enabling or assisting others to pass off its business and products as and for the business and products of the Plaintiffs;
(iii) A decree and order of permanent injunction to restrain the Defendant, by itself, its agents, representatives, servants, men, distributors and all those acting in concert with it or on its behalf or claiming under or through it or otherwise CS(COMM) 268/2021 Page 2 of 5 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:03.06.2021 19:35:12 This file is digitally signed by PS to HMJ ANU MALHOTRA.
howsoever, from indulging in any activity which dilutes the distinctive character of the Plaintiff No. 1's registered trade mark/tagline "For The Bold".
(iv) An order for delivery up for destruction upon oath of all products including bottles, cans, packing material, stationery, carry bags, price stickers, visiting cards, billboards, brochures, promotional material, point of sale material, letter heads, cash memos, sign boards, sign posts, leaflets, cartons or any other items of whatsoever description and nature, bearing the expression/tagline "For The Bold", and/or any other expression identical to and/or deceptively similar to the Plaintiff No. 1 's registered mark/tagline "For The Bold", which would offend against the foregoing injunction;
(v) For an order and final decree of damages to the tune of Rs. 2,00,05,000/-in favour of the Plaintiffs and against the Defendant;
(vi) For costs of this suit;
(vii) Any other and further reliefs as this Hon'ble Court may deem fit and proper to meet the ends of justice.", seeking the requisite injunctions prayed for against the defendant for alleged dilution of the distinct character of the plaintiff's no.1 registered trade mark/tagline For The Bold.
Summons of the suit are accepted on behalf of the defendant and initial submissions have been made on behalf of either side qua the averments made in the plaint as well as qua I.A. No.7170/2021 under Order 39 Rule 1 & 2 of the CPC filed by the plaintiff seeking the ex-parte prayers as made therein to the effect:-
"(i) An ex-parte order of ad interim injunction to restrain the Defendant, by itself, its agents, representatives, servants, men, distributors and all those acting in concert with it or on its CS(COMM) 268/2021 Page 3 of 5 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:03.06.2021 19:35:12 This file is digitally signed by PS to HMJ ANU MALHOTRA.
behalf or claiming under or through it or otherwise howsoever, from using expression/tagline "For The Bold", and/or any other expression identical to and/or deceptively similar to the Plaintiff No. 1 's registered mark/tagline "For The Bold", in relation to its products or otherwise in connection with its business or in any manner whatsoever so as to result in violation of the statutory and exclusive proprietary rights of the Plaintiff No. 1 in its registered trade mark/tagline "For The Bold".
(ii) An ex-parte order of ad interim injunction to restrain the Defendant, by itself, its agents, representatives, servants, men, distributors and all those acting in concert with it or claiming under or through it or otherwise howsoever, from using expression/tagline "For The Bold", and/or any other expression identical to and/or deceptively similar to the Plaintiff No.1's registered mark/tagline "For The Bold", in relation to its products or otherwise in connection with its business or in any manner whatsoever and from in any manner, passing off or attempting to pass off or causing, enabling or assisting others to pass off its business and products as and for the business and products of the Plaintiffs;
(iii) An ex-parte order of ad interim injunction to restrain the Defendant, by itself, its agents, representatives, servants, men, distributors and all those acting in concert with it or on its behalf or claiming under or through it or otherwise howsoever, from indulging in any activity which dilutes the distinctive character of the Plaintiff No. 1 's registered trade mark/tagline "For The Bold".
Without any observations on the merits or demerits of the submissions that have been made on behalf of either side, it is considered appropriate that an opportunity is granted to the defendant to file the written statement along with response to the application under Order 39 Rule 1 & 2 of the CPC, CS(COMM) 268/2021 Page 4 of 5 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:03.06.2021 19:35:12 This file is digitally signed by PS to HMJ ANU MALHOTRA.
which be so filed within a period of 30 days.
Replication thereto, if any, and the response to the interm application be also filed within a period of one week thereafter.
The matter be re-notified for consideration of I.A.7170/2021 for the date 16.07.2021.
ANU MALHOTRA, J JUNE 3, 2021 'Neha Chopra' CS(COMM) 268/2021 Page 5 of 5 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:03.06.2021 19:35:12 This file is digitally signed by PS to HMJ ANU MALHOTRA.