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
Why Is Protection of Geographical Indication or Designation of Origin Essential?
Having knowing regarding geographical indication along with designation of origin is something that is of great need these days. Geographical indication or GI indicates a symbol, name or sign relating to a product that corresponds to a definite geographical origin, product’s features, qualities that are due from the origin. To make a sign work as […]
Read More
Celebrity Rights – Public, Private or Intellectual Property
Celebrity lives are mostly public these days through different sources but they too want to maintain certain privacy. This has triggered the need to maintain celebrity rights on different properties. There are several company options that are selling products with celebrity faces from bags to soaps to cosmetics to many others. It requires suitable celebrity […]
Read More
Intellectual Property and its Role in the Pharmaceutical Industry
Intellectual property rights are considered to be an important asset of any corporate unit. It is an indication of the creation of mind and the work that makes one entity different from the other. With better IP or intellectual rights, it would be easy to promote the possible innovations and this would be useful in […]
Read More
Blockchain Technology: Is it Building a Brighter Future
What is Blockchain Technology? The Blockchain is an incorruptible digital ledger of transactions that can be programmed to record virtually everything of value. So a blockchain is a continuously growing list of records called blocks, which are linked and secured. It protects the identities of the users. Although transactions on the blockchain are not completely […]
Read More
Music Law 101: What Does Copyright Law Protect?
Music Law 101 is all about protecting different musical works along with sound recordings to its original creator. As copyright can be a confusing part, it is better to know what all it protects so that it becomes easy. It is known that each piece of recording has two types of copyrights. First, it protects […]
Read More
Patents – An Important Tool for Pharmaceutical Industry
For suitable protection of medical inventions, patents are the perfect option. This would also safeguard medical discoveries that are research-based and it is done by most of the pharmaceutical companies. In return for the protection offered by the patent, it can disclose the research used in coming up with the medical innovation in the pharmaceutical […]
Read More
Alibaba IPR Report Shows Ideal Brand Protection Program
As per sources, e-commerce giant, Alibaba group has successfully gained success using intellectual property rights-protection. The giant has been able to offer quality service due to well integration of the latest technological improvements coupled with partnerships with top-rated brands. Also, external stakeholders assisted the giant in offering quality service to proactively monitor, go through rights-holders […]
Read More
Protection of Acronyms under Trademark Law
It is known that acronyms are the first letters of a long phrase of words combined together. On the other hand, trademark is about a mark that shall help distinguish the product or service of goods or service from the rest of the items. Therefore, it can be said that an acronym can be registered […]
Read More
Domain Name Disputes in India
Domain Name As Trademarks A domain name which is unique, capable of identifying itself and distinguishing its goods and services from those of others and acts as a reliable source identifier of concerned goods and services on the internet may be registered as a trademark. Domain Name Disputes A domain name dispute would arise when […]
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
X
Download Firm Profile