Delhi HC’s Ex Parte Order in Coca-Cola Company & Anr vs Glacier Water Industries Ltd.

Dec 2022

This is a case of a Delhi High court ex parte proceeding concerning trademark dilution. The plaintiff filed a suit seeking a permanent injunction, damages and to restrain them from passing off their products as that of the plaintiff. The plaintiff also pleaded the court to restrain the defendants from using the mark ‘KINLEY’ and to transfer all the web domains related to the same.

In the proceedings, the Delhi High Court, vide order dated 29thApril 2018, granted an interim injunction in favor of the plaintiff and against the defendants. The court proceeded against the defendants’ ex-parte and decreed against the defendants.

In the Ex-parte proceeding, the evidence provided by the plaintiff was confirmed by the courtand the evidence adduced by the petitioner was accepted to be true and valid. The decree by the Delhi High Court is on the line of the Supreme Court in Ramesh Chand Ardawatiya Vs.

Anil Panjwani, (AIR 2003 SC 2508), which upholds that a prima facie proof of the relevant facts constituting the cause of action would suffice and the court would grant the plaintiff such relief as to which he may, in law be found entitled. It goes on further to explain that in a case which has proceeded ex parte, the court is not bound to frame issues under Order 14 and deliver the judgment on every issue as required by Order 20 Rule 5.

However, the trial court should scrutinize the available pleadings and documents, consider the evidence adduced, and would do well to frame the “points for determination” and proceed to construct the ex parte judgment dealing with the points at issue one by one.

The Plaintiff No. 1, in this case, is the registered proprietor of the arbitrary mark KINLEY in class 32. KINLEY has been primarily used by the plaintiff in connection with drinking water. The plaintiff came to the notice of using the mark by the defendant who also falsely claimed that they had used the mark for their water system having collaborated with plaintiff No. 1’s Indian Subsidiary, the Coca-Cola India Pvt. Ltd.

The truth, however, remains that no such collaboration existed. When the further investigation was carried out by the plaintiff it was revealed that the trademark was used openly and prominently for advertising and promotional means. In the investigation, it was also revealed that the defendant No. 1 had applied for the registration of the mark KINLEY with application number 2329491 in class 11.

The section 29(4) of the Indian Trade Marks Act, 1999 clearly defines the concept of Trademark Dilution. A trademark of a company is diluted when its uniqueness is lost owing to its unauthorized use by a different player.

Trending Blogs
Breaking News: Toyota Loses Trademark Battle over Prius at Indian Supreme Court
The plaintiff, in this case, is Toyota Jidosha Kabushiki Kaisha and they seek to prevent the defendant, a spare parts supplier by the name M/S Prius Auto Industries Limited, from the usage of the trademarks- “Toyota”, “Innova”, and “Prius”. According to the finding of the court, two of the three trademarks mentioned, namely Toyota and […]
Read More
Can Religious Symbols Be Registered As Trademarks?
Are you planning to register religious symbols as trademarks? Well, you should research thoroughly to understand the use of religious symbols as trademarks. You have to consider the sentiments of people before you plan to use regions symbol for your business. India being a secular country encourages different citizen follows different religions, practicing it and […]
Read More
Intellectual Property Glance
The discussion on intellectual property starts with distributing it into three categories for the same of convenience and clarity. The product of intellectual efforts: The product of intellectual effort could be tangible or intangible encompassing such outcomes as literary creations, artistic creations, books, music, song, dance, drama, sculpture, paintings and even computer programs. It must […]
Read More
Copyright in the Digital World
These days, there is an increased use of smartphones, computers and tablets and multimedia has shown its great influence in our lives. In the digital world, there are several works used by us. Have you thought whose work are we using? Well, none of us have tried to find out the owner of the work […]
Read More
The Big Push to Reform Music Copyright for the Digital Age
Music creators of the present digital age should be aware of the copyright issues better due to different reasons. Music is made available on different websites, and it is necessary to prevent the increasing problem of infringement. Pertaining to this, a number of bills are proposed in Congress that can enhance royalty payment for the […]
Read More
Delhi HC’s Ex Parte Order in Coca-Cola Company & Anr vs Glacier Water Industries Ltd.
This is a case of a Delhi High court ex parte proceeding concerning trademark dilution. The plaintiff filed a suit seeking a permanent injunction, damages and to restrain them from passing off their products as that of the plaintiff. The plaintiff also pleaded the court to restrain the defendants from using the mark ‘KINLEY’ and […]
Read More
Artificial Intelligence and Intellectual Property Law
What is Artificial Intelligence? The division of Science which deals with making machines equipped with human-like intelligence to act in human-like fashion and the exhibit human capabilities is known as Artificial Intelligence (AI). Multiple disciplines like Computer Science, Psychology, Philosophy, Sociology, Mathematics, Biology and Neuron Science contribute to the development of AI. Benefits Of AI […]
Read More
Color Trademarks in the Pharmaceutical Industry
The trademarks are vital part of company goods or service and with help of trademark; the consumers are able to identify the business better. Before deciding the correct trademark option for pharmaceutical industry, it is necessary to check for its existence. If any similar one is already present in the trademark database, it is better […]
Read More
Voluntary Cancellation of Trademark Registration
Trademark registration is a timely affair for 10 years, and it is registered as per the Trademark Act, 1999. There are certain rules and laws pertaining to trademarking a symbol for a brand. A proprietor can get a symbol, phrase of the word, or equivalent trademarked to be used for the brand. But there are […]
Read More
US and India to join hands on the grounds of Intellectual Property Rights
After US President Donald Trump’s visit in India from February 24 to 25th February, India and the US have opted for an agreement relating to intellectual property rights or IPR. As a result of this, the cabinet sanctioned MoU with the US pertaining to IPRs, relevant to information and broadcasting as has been stated by […]
Read More
X
Download Firm Profile