$~16 (2020 List)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: 14^th March, 2022

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CS (COMM) 1305/2018 & I.A. 17625/2018

ANHEUSER-BUSCH LLC

..... Plaintiff

Through:

Mr. Pravin Anand, Mr. Shantanu

Sahay, Ms. Imon Roy & Mr. Apoorv

Bansal, Advocates (M-97984836810

versus

MR. SURJEET LAL & ANR.

..... Defendants

Through:

Mr. Kapil Wadhwa & Ms. Deepika

Pokharia, Advocates.

CORAM:

JUSTICE PRATHIBA M. SINGH

Prathiba M. Singh, J.(Oral)

1. This hearing has been done through hybrid mode.

2. The present suit has been filed by the Plaintiff seeking permanent

injunction restraining the Defendants from using any glass bottles with the

embossed word ‘Budweiser'. The prayers sought in the suit are as under:

"BUDWEISER"

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/000972

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/000972

case.”

3. The present suit was listed on 20th December, 2018. The case of the

Plaintiff - Anheuser-Busch LLC is that it is the owner of the mark

'BUDWEISER'. It was submitted by ld. Counsel for the Plaintiff that the

Defendant is the manufacturer and seller of beer under the marks 'BLACK

FORT’ and 'POWER COOL'. The grievance of the Plaintiff is that the

bottles of beer manufactured by the Plaintiff with the embossed word

‘BUDWEISER' are being used by the Defendants by re-labelling them as

'BLACK FORT’ and 'POWER COOL'. Images of such bottles, as also

physical bottles, were also produced before this Court.

4. On the said date i.e., 20th December, 2018, ld. Counsel for the

Defendants had submitted that the Defendant No.2 Company-M/s. SOM

Distilleries and Breweries Ltd., is in the business of manufacture and sale of

beer under the marks 'BLACK FORT’ and 'POWER COOL'. The explanation

proffered by the Defendants was that the bottles had come into the

Defendant’s system through kabadiwalas, and therefore, entered the

manufacturing line of the Defendant No.2-Company. In view of the large

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/000972

volume of the bottles that are cleaned, filled and bottled, there may have

been stray bottles of ‘BUDWEISER' which may have been accidentally used

by the Defendants. However, the Defendants were willing to give an

undertaking to the effect that the bottles of ‘BUDWEISER' shall not be used

by it for manufacture and sale of their own beer.

5. After hearing ld. Counsels for the parties, this Court had passed the

following order dated 20th December 2018:

can be disposed of ”

Thus, a restraint order was passed against the Defendants from using any

bottles with the mark ‘BUDWEISER’ and an affidavit was also directed to

be filed.

6. Pursuant to the above order, an affidavit dated 30th January, 2019 was

filed by Mr. Ashok Bhandari, Deputy Manager of the Defendant No.2-

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/000972

Company, giving an undertaking in the following manner:

bottles”

bottles.”

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/000972

7. Heard. The use of recycled ‘BUDWEISER' beer bottles for the

products being sold under the mark 'BLACK FORT’ and 'POWER COOL' by

the Defendant-Company would clearly constitute `use in the course of

trade’. The fact that the same are recycled bottles would not make a

difference insofar as the question of infringement or passing off is

concerned.

8. This Court has had the occasion, in a similar fact situation, in M/s.

Allied Blenders and Distillers Pvt. Ltd. v. Rangar Breweries Ltd. [CS

(COMM) 1213/2018 decided on 21^st May, 2019], to grant a permanent

injunction against the use of the Plaintiff’s trademark ‘Officer’s Choice’ by

the Defendant. In the said case, the Plaintiff had raised a grievance that the

Defendant’s products are being sold with the Defendant’s own label.

However, some of the Defendant’s bottles had embossings of the trademark

‘Officer’s