JUDGMENT

1. This hearing has been done through hybrid mode.

2. The present suit, filed under the provisions of the Trade Marks Act, 1999 and the Designs Act, 2000, was originally filed before the ld. ADJ, District Judge (Commercial Court), West Delhi. However, since the Defendant filed an application under Section 22(4) of the Designs Act, 2000, seeking cancellation of the Plaintiff’s registered design, the suit was transferred to this Court vide order dated 22nd February, 2022.

3. The Plaintiff - Devans Modern Breweries Limited filed the present suit under Section 134 of the Trade Marks Act, 1999 read with Section 22 of the Designs Act, 2000, against the Defendant - Jagpin Breweries Limited, seeking an injunction to restrain the use of the Plaintiff’s ‘DEVANS’ glass bottles for the Defendant’s beer, which is sold under the mark ‘COX 1000 STRONG PREMIUM BEER’.

4. In the present suit, both the parties are beer manufacturers. The Plaintiff was established in 1961 and has been engaged, inter alia, in the business of manufacturing and marketing bottled and canned beers.

5. The Plaintiff’s products are sold under the mark ‘GODFATHER’, ‘BULLDOZER’, ‘INFERNO’, ‘KOTSBERG’ and various other mar