Pepsico Inc. & Anr. vs Jagpin Breweries Limited & Anr. on 1 May, 2023
22. There is no delay on the part of the Plaintiffs in approaching the
Court, as alleged by the Defendants. Plaintiffs became aware of
Defendants' product only in December, 2021 when it learnt of the
application for registration of the mark 'CONTINENTAL MIRINDA
BEER' in Class 32 and soon thereafter, the suit was filed on
28.04.2022. Defendants have themselves stated that their products are
available in few Districts of Madhya Pradesh and they cannot
advertise. Therefore, it was not easy for the Plaintiffs to have known
of their activities under the impugned mark. In any case, it is a settled
law that in case of infringement, mere delay by itself will not defeat
the statutory right of a registered proprietor. Reliance was placed on
Midas Hygiene Industries (P) Ltd. and Another v. Sudhir Bhatia
and Others, (2004) 3 SCC 90, Victoria Foods Private Limited v.
Rajdhani Masala Company and Another, 2021 SCC OnLine Del
Signature Not VerifiedCS(COMM) 288/2022 Page 12 of 41
Digitally Signed
By:KAMAL KUMAR
Signing Date:06.05.2023
15:26:54
Neutral Citation Number:2023:DHC:2945
4224 and Crayons Advertising Ltd. v. Crayon Advertising, 2014 SCC
Online Del 218.