Pepsico, Inc. vs Jagpin Breweries Limited

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 1537

JYOTI SINGH
Pepsico, Inc. – Appellant
Versus
Jagpin Breweries Limited – Respondent

Advocates appeared:
Mr. Dayan Krishnan, Senior Advocate with Mr. Dheeraj Nair, Mr. Manish K. Jha, Ms. Shruti Dass and Ms. Ridhima Sharma, Advocates, for the Plaintiff.
Ms. Kiran Suri, Senior Advocate with Ms. Aishwarya Kumar and Ms. Prem Lata, Advocates, for the Defendant.

JUDGMENT

Jyoti Singh, J.

I.A. 6862/2022 (under Order 39 Rules 1 and 2 CPC, by Plaintiffs) and 8623/2022 (under Order 39 Rule 4 CPC, by Defendants)

1. This judgment shall dispose of I.A. 6862/2022 filed by the Plaintiffs in which ex-parte ad interim injunction was granted by the Court on 06.05.2022 as well as I.A. 8623/2022 filed by the Defendants seeking vacation of the injunction.

2. Present suit has been filed by the Plaintiffs seeking decree of permanent injunction restraining the Defendants, by themselves, their agents, representatives, servants, men, distributors and all those acting in concert with them or on their behalf or claiming under or through them or otherwise howsoever, from using the trademark `MIRINDA', transliteration thereof in Hindi [IMG] and/or any other language and/or any deceptive variation thereof in relation to their product i.e. country-made liquor and/or in relation to any other business activity in a manner that it infringes Plaintiff No.1's statutory and common law rights in its registered and well- known mark [IMG] and/or variants thereof including [IMG] (MIRINDA Marks), as well as passing off their goods as that of the Plaintiffs.

3. It is stated i