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1994 Supreme(Del) 82

ARUN KUMAR
UNIKOL BATTLERS LIMITED – Appellant
Versus
DHILLON KOOL DRINKS – Respondent


Advocates Appeared:
A.K.SEN GUPTA, A.S.CHANDHIOK, HEMANT SAHAI, MADAN BHATIA, MINAKSHI SINGH, MUKUL ROHTAGI, Navin Anand, VIPIN SANGHI

ARUN KUMAR, J.

( 1 ) PEPSI Foods Limited (hereinafter referred to as pfl ) is a company duly incorporated under the Indian Companies Act 1956 having its registered office at 307-308, Sector 35-B, Chandigarh, India. The Company is a joint venture of M/s Pepsico Inc. , N. Y. USA, M/s Voltas Limited and M/s Punjab Agro Industries Corporation Limited. M/s Pepsi Inc. , defendant No. 3 is a multi-national company which is well known for its soft drinks under the brand name pepsi . One of the objects for floating defendant No. 2 was to update the processed food technology in India and to export processed food products as an incentive, The Company was allowed to manufacture soft drinks concentrates and market soft drinks under the brand name pepsi . PFL has appointed various bottlers in specified territories in India for bottling and marketing the soft drinks. For this purpose PFL supplies the soft drinks concentrate to its bottlers. Defendant No. 3, i. e. Pepsi Inc. holds trade marks for its popular drinks known as pepsi , 7 Up , miranda and ever Vess . Under the bottling agreements the license to use these trade marks is granted by defendant No. 3 to the bottlers. Defendant No. 2
































































































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