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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ARIF S.DOCTOR
Anheuser Busch Inbev India Ltd. – Appellant
Versus
Jagpin Brewerise Limited – Respondent
| Table of Content |
|---|
| 1. establishment of trademark ownership (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. defendant's arguments against trademark infringement (Para 19 , 21 , 22 , 23 , 26 , 28 , 30) |
| 3. evidence of passing off and consumer confusion (Para 31 , 33 , 34 , 35) |
| 4. court's findings and legal reasoning (Para 46 , 48 , 49) |
| 5. final orders and cost recovery (Para 50 , 51) |
JUDGMENT :
ARIF S. DOCTOR, J.
1. The Plaintiff has filed the present Suit seeking, inter alia (i) a permanent order of injunction restraining the Defendant from infringing the Plaintiff’s registered trade mark No. 436744, i.e. “HAYWARDS 5000” as well as trade mark No. 1521743, “FIVE THOUSAND”, both in Class 32, by using the mark “COX 5001”(“impugned trade mark”) or any other trade mark deceptively similar to the Plaintiff’s registered trade mark and (ii) from passing off the Defendant’s goods as and of the Plaintiff’s goods. The Plaintiff has also sought damages of Rupees Twenty Lakhs.
Brief Background
2. The Plaintiff is the registered proprietor of two trade marks in Class 32 for beer, (i) the label mark “HAYWARDS 5000” bearing Registration No. 436744 (“label mark”) and (ii) the word mark “FIVE THOUSAND” bearing Registrati
Registered trademark owners are entitled to prevent unauthorized use that is likely to confuse consumers, establishing a right to seek injunction and damages for infringement and passing off.
The Court ruled that the Plaintiff's registered marks were infringed by the Defendant's use of a similar mark, establishing likelihood of confusion and passing off under trade mark law.
The court found that despite phonetic similarity, the distinctiveness of trade marks and differences in intended consumer bases negate the likelihood of confusion and passing off.
Important Point :The use of a trademark that is phonetically and visually similar to a registered trademark can lead to confusion, constituting infringement, especially when dishonest conduct is evid....
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