Neutral Citation Number:2023:DHC:2945

CS(COMM) 288/2022 Page 1 of 41

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CS(COMM) 288/2022 & I.A. 11118/2022, 11122/2022,

12282/2022

PEPSICO, INC. & ANR.

..... Plaintiffs

Through:

Mr. Dayan Krishnan, Senior

Advocate

with

Mr.

Dheeraj

Nair,

Mr. Manish K. Jha, Ms. Shruti Dass and

Ms. Ridhima Sharma, Advocates.

Versus

JAGPIN BREWERIES LIMITED & ANR. ..... Defendants

Through:

Ms.

Kiran

Suri,

Senior

Advocate with Ms. Aishwarya Kumar and

Ms. Prem Lata, Advocates.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

JUDGEMENT

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’,

Digitally Signed

By:KAMAL KUMAR

Signing Date:06.05.2023

15:26:54

Signature Not Verified

Neutral Citation Number:2023:DHC:2945

CS(COMM) 288/2022 Page 2 of 41

transliteration thereof in Hindi

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

and/or variants thereof including

(MIRINDA Marks), as

well as passing off their goods as that of the Plaintiffs.

3.

It is stated in the plaint that MIRINDA marks are registered

trademarks of Plaintiff No.1 in India and subsist on the Register of

Trademarks. Plaintiff No.1 is a corporation, duly incorporated under

laws of State of North Carolina, USA and is engaged in the business

of manufacturing and distributing, on its own and through affiliates

and subsidiaries, non-alcoholic beverages, packaged and aerated water

and snack foods. It is one of the world’s premier consumer products

companies and one of the largest and best-known manufacturers and

distributors of soft drink beverages and snack food products in the

world. Its products include refreshment beverages, packaged drinking

water, sports drinks, fruit juices and salted snacks and foods, sold

almost in every country in the world, under its several famous and

reputed marks such as MIRINDA, PEPSI, 7UP, MOUNTAIN DEW,

AQUAFINA, LAY’S, RUFFLES, CHEETOS, DORITOS, etc.

Plaintiff No.2 is a company incorporated under the Indian Companies

Act, 1956 and is a wholly owned subsidiary of Plaintiff No.1, engaged

in sale of different beverages, packaged drinking water and snacks

Digitally Signed

By:KAMAL KUMAR

Signing Date:06.05.2023

15:26:54

Signature Not Verified

Neutral Citation Number:2023:DHC:2945

CS(COMM) 288/2022 Page 3 of 41

under its own marks as well as various registered marks of Plaintiff

No.1.

4.

It is stated that MIRINDA mark was first adopted

internationally in 1959 in Spain and the mark has been used by

Plaintiff No.1 and/or its predecessors-in-title for over 60 years in

relation to fruit flavoured non-carbonated beverage. In India, products

under MIRINDA marks have been available since 1996 and Plaintiff

No.1 holds several regist