MANMOHAN SINGH
Pepsico, Inc. – Appellant
Versus
Pure Water Beverages – Respondent
Manmohan Singh, J.
1. The Plaintiffs have filed the present suit for permanent injunction restraining the violation and infringement of rights in the trade marks/logo/label "AQUAFINA", damages/rendition of accounts.
2. Along with the Suit, the Plaintiffs filed two interim applications i.e. I.A. No. 15434/2009 (under Order 39 Rules 1 and 2, Code of Civil Procedure) and I.A. No. 15435/2009 (under Order 26 Rule 9 read with Order 39 Rule 7 and Section 151, Code of Civil Procedure).
3. The suit and the interim applications were listed for the first time before the Court on 30.11.2009 when the Court passed the interim order restraining the Defendants, their principal officers, agents, servants, assigns, etc. from manufacturing packaged drinking water under the trade mark/label AQUAFINE or any other mark or label which is deceptively or confusingly similar to the Plaintiffs' Trade Mark AQUAFINA.
4. Further in I.A. No. 15435/2009, the Court appointed Mr. Vipin Nair as a Local Commissioner and directed him to visit the premises of the Defendants to comply with the following directions:
1. If, on visiting the site, the local commissioner discovers any infringing products of the Defendants
Amritdhara Pharmacy v. Satyadeo Gupta AIR 1963 SC 449
Corn Products Refining Company v. Shangrila Food Products Ltd. AIR 1960 SC 142
K.R. Chinna Krishna Chettiar v. Shri Ambal and Company Madras and Anr. AIR 1970 SC 146
Ruston and Hornsby Ltd. v. The Zamindara Engineering Company AIR 1970 SC 1649
Century Traders v. Roshan Lal Duggar and Company 15 (1979) DLT 269 : 1978 Del 250
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