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
The Clash Of Jurisdiction Of CCI And TRAI
Overlapping Jurisdiction The Competition Act, 2002 read with section 18 of the legislation delegates to the Competition Commission of India (the “CCI”) the duty of “promoting and sustaining competition” in the Indian economy. This implies that the CCI will have principal jurisdiction to regulate conditions of competition in the relevant market of India. Whereas, Section […]
Read More
India dropped to 40th position in International Intellectual Property Index
India has fallen to 40th position in the International Intellectual Property Index. This index helps know about the IP climate in the 53 global economies of the present year. This is as per the report US Chamber of Commerce’s Global Innovation Policy Center. As per last year’s report, India has been ranked in the 36th […]
Read More
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
PTAB Should Not Disapprove Claims on the Grounds of Indefiniteness in IPR
Federal Circuit has disapproved of arguments of claims that show any reason other than anticipation pertaining to party procedures. Federal Circuit has rejected the challenge shown by Samsung Electronics America, Inc. The company challenged that PTAB can disapprove claims that are considered indefinite in IPR. Samsung has been charged on the grounds of infringing U.S. […]
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
Protection Folklores India Intellectual Property Rights
India is a land of diversity when it comes to folk and ethnic culture with hundreds of ethnic, linguistic and religious groups with diverse origins and lifestyles that, over time, intermingled in part and remained untouched in parts over centuries. Perception about folklore differs in India, mainly associated with tribals and simple rural people, rather […]
Read More
Need for Kashmiri Saffron to get the GI tag
The Kashmiri Saffron has been given geographical indication tag recently from Lieutenant Governor G C Murmu. The acquiring of GI tag is a step ahead in bringing the brand among the list of top ones. The tag has been given for the saffron grown in Kashmir. In this regard, it can be said that the […]
Read More
Trademarking surnames
Having difficult surnames may be challenging to explain others and also when you want to register the name as trademark. As per the trademark and merchandise act of 1958, it is stated that a mark can be refused if one choose a personal name or surname. Though, there is no such clear specification in the […]
Read More
Copyrights of Music in India
Music is an art more specifically an intangible form of art. Copyrighting a song or a melody protects the basic right of the creator. The copyright also assist the creator financially. In order to ask for copyright the creator needs to file a registration. Once the creator gains the copyright, any infringement to the copyrighted […]
Read More
Pharma Companies File 15% of Patents in India
The Indian Pharma industry is primarily known for its Generic Drugs. But recently, to push its value higher in the market, the Indian pharmaceutical industry is investing more in research and development of new drugs along with increasing the potency of the existing ones to move up the value chain. From 2013-2015, out of the […]
Read More
X
Download Firm Profile