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2016 Supreme(Del) 4489

R.K.GAUBA
PEPSICO INC – Appellant
Versus
SAGARNIL ENTERPRISE – Respondent


Advocates Appeared:
For the Plaintiff : Mr. Kunal Mimani

JUDGMENT :

1. This suit was filed in November, 2014 seeking reliefs in the nature of permanent injunction against the violation and infringement of the rights of the plaintiffs in the trademark/logo/label/name/packaging style of ‘AQUAFINA’, passing off, rendition of accounts, delivery up, etc., inter alia, alleging that the adoption and use by the defendants of a visually similar and phonetically identical trademark/name/logo/label/packaging ‘AQUALINA’ for identical products, viz., packaged drinking water is patently illegal and unlawful, mala fide as intended to ride on the reputation and goodwill of the plaintiffs’ well known trademark/name so as to gain wrongfully, it being designed to create confusion at the level of retailers, consumers and in the industry at the manufacturing level resulting in infringement and passing off, as also unfair competition and dilution of the rights of the plaintiffs, through tarnishment and blurring, in its trademarks “AQUAFINA and AQUAFINE (label)” registered in class 32 under the Trade Marks Act, 1999 referring in this context to the marks:-

(i) AQUAFINA, registration no.774285, dated 29.04.1997;

(ii) registration no.1129381, dated 28.08.2002;

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