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
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
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
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
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
3D Printing and IPR
The three-dimensional or 3D printing service is different from the traditional way of manufacturing. In the 3D process, objects are created layer wise to get the desired three dimensional impacts. Since the inception of this latest idea in 1980s, it has gone through several changes in the technology used. This requires use of different production […]
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
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
Early-Stage Intellectual Property to Raise More Money
What is Artificial Intelligence? Creation of innovative ideas is what matters the most in running a business. People were least bothered to patent the designs. But with increasing use of almost similar ideas in the businesses, it is of great importance to patent the ideas. This shall help in better growth of the business and […]
Read More
Fluid Trademarks
Fluid mark is often thought of as a conventional mark which can be converted to a living form with some specific representation. In other words, fluid trademark is a modern method of branding that shall help achieve success easily in this digital era. As per the name, the mark tends to change with time. This […]
Read More
X
Download Firm Profile