COCA-COLA V BISLERI (20 October, 2009) - Synopsis

THE CASE

 

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 plaintiff. The 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.

ISSUES

Issues raised in Delhi High Court were:

  1. Whether Delhi High Court has jurisdiction over this matter?
  2. Has infringement of trademark occurred?
  3. Is the plaintiff entitled to get a permanent injunction?

DECISION

Since the good to be exported to turkey has its manufacturing unit in India, the High court has jurisdiction to decide on this case.

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.

And hence the Court granted an interim injunction against Defendant from using the mark in India as well as for export market.

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