Lawstreet Journal

Using Recycled Bottles Of Another Manufacturer Results In Infringement & Passing Off: Delhi High Court Rules In Favour Of 'BUDWEISER'

Lawstreet Journal 24 Mar 2022 8:06pm

Image courtesy: Lawstreet Journal Judiciary Using Recycled Bottles Of Another Manufacturer Results In Infringement & Passing Off: Delhi High Court Rules In Favour Of 'BUDWEISER'

The owner of the trademarks 'BLACK FORT' and 'POWER COOL' has been barred from making or distributing beer under the name 'BUDWEISER' in recycled bottles or in any other manner, according to the Delhi High Court.

Justice Pratibha M Singh ruled in favour of Anheuser-Busch LLC, the owner of the trademark 'BUDWEISER,' believing that the Defendant Company's use of recycled 'BUDWEISER' beer bottles for products sold under the marks 'BLACK FORT' and 'POWER COOL' would clearly constitute 'use in the course of trade.'

It went on to say that the fact that the bottles were recycled made no difference when it came to the issue of infringement or passing off.

"Thus, the sale of any product with the recycled bottles of another manufacturer would result in infringement and passing off. Though the bottle itself may be a genuine bottle which may have been put by the plaintiff originally in the market, after the contents are consumed and the bottle reaches the recycling cycle, the Defendant's use of such bottles which have the plaintiff's trade mark embossed on them would cause confusion as to its source," the Court noted.

As a result, the Court ordered the Defendants to ensure that the recycled 'BUDWEISER' bottles are not used for their beer, which they manufacture and sell under the trademarks 'BLACK FORT' and 'POWER COOL,' or any other mark.

The Court further ordered that a higher level of supervision be exercised at the Defendant Company's production facility, as well as random checks… Continue Reading...


Tagged: BUDWEISER   Delhi High Court  
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