COCA-COLA V BISLERI (20 October, 2009)

The plaintiff here is Coca-Cola which is known for its soft drinks sold around 200 countries. In 1993, the defendant i.e. Bisleri sold its, intellectual property rights of five brands Thums Up, Limca, Gold Spot, Citra, and Mazza to the plaintiffThe sold intellectual property rights include trademark, formulation rights, goodwill, and know-how.

 

In 2008, an application was filed by plaintiff to register the trademark “MAZZA” in turkey.

However, the plaintiff found that Bisleri had allowed third-party companies interventions such as Verma International and M/s. Indian Canning Industries and had been selling the products in Turkey via Aqua Minerals now known as Bisleri.

 

The plaintiff filed an infringement suit against the defendant and pleaded for permanent injunction. On the other hand, defendant contended that high court does not have jurisdiction. And further added that as per agreement, the plaintiff has trademark rights only within India and not outside.

 

 

 

 


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