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Case analysis: Coca-Cola Co. Vs. Bisleri International Pvt. Ltd.


Posted By Sarthak on 06 Nov 2017

Coca-Cola Co. Vs. Bisleri International Pvt. Ltd.

[Manu/DE/2698/2009]

 

Facts:

Bisleri International Pvt. Ltd (Defendant) is an Indian beverages company, best known for bottled water. It sold and assigned the trademark ‘MAAZA’ including  the right to formulate, intellectual property right and goodwill attached to the mark for India to Coca-Cola. 

In the year 2008, the defendant filed an application for registration of trademark ‘Maaza’ in Turkey, and then started exporting the mango flavoured fruit drink with the mark ‘Maaza’. 

Coca-Cola Co. (Plaintiff) filed a petition for permanent injunction and damages for passing-off and infringement of trademark.

 

Issue:

Issue before the hon’ble Delhi High Court was, whether exporting a product with the mark is considered as infringement in the exporting country.

 

Arguments:

It was argued on behalf of the Plaintiff that as the mark ‘Maaza’ with regard to Indian market was assigned to Coca-Cola, any manufacture of the product with such mark whether for sale in India or for the purpose of export would be considered as infringement.

The Defendants argued that as the product is sold in Turkey and not in India, Plaintiff’s rights are not being infringed. It was further argued as the mark ‘Maaza’ was registered by the Defendant worldwide, can sell products with that mark anywhere on earth.

 

Decision:

It was held that exporting of goods from a country is considered as sale within the country from where the goods are exported  and the same amounts to infringement of trademark. As the Defendant were manufacturing and exporting the product with the mark ‘Maaza’ from India, Delhi High Court had jurisdiction to entertain the matter. Court granted an interim injunction against Defendant from using the mark in India as well as for export market.

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