06 Oct 2021

CERVECERIA MODELO DEMEXICO S DE R L DE CV & ORS. V. THE ORIGIN VENTURES & ORS., CS (COMM) 479/2021

INTRODUCTION-

The plaintiff i.e. CERVECERIA MODELO DEMEXICO S DE R L DE CV has preferred the present suit seeking permanent injunction restraining, infringement of trademarks, passing off, disparagement, dilution and tarnishment, misappropriation, unfair competition, rendition of accounts, damages, delivery up, etc.

FACTS-

The Plaintiffs are a group of leading brewing companies, named “Amheuser- Busch In Bev” and owners of the registered trademarks “CORONA” and “BUDWEISER”. It is claimed that these trademarks are registered and granted protection not just in India but in various other countries as well.

The plaintiff brought it to the notice of the court that the Defendants have been using resembling logos and labels for their clothing line in a derogatory fashion. The get-up, font, logo, etc., of the registered trademarks “CORONA” and “BUDWEISER” were used by the Defendants in a manner that amounts to disparagement and infringement of the said trademarks, resulting in dilution and tarnishment of goodwill and reputation of the plaintiff’s registered trademarks, logos, labels, etc.

The plaintiffs being owners of established and well-known brands have clearly disclosed a prima facie case. Their reputation is being tarnished by the defendants and they will suffer irreparable loss and injury if the defendants are not restrained from continuing with their action.

COURT’S FINDINGS-

After viewing and verifying the documents, Justice Asha Menon found that the defendants were using the name “CORONA” and “BUDWEISER” that resembled the plaintiff’s registered trademarks. The Plaintiffs have a well-established business and infringement of their trademark dissolves the goodwill earned by them in the past years and the loss they will have to bear is irreparable. Thus, it was ordered that the defendants are restrained from selling, offering for sale, marketing, displaying their products using the trademarks “CORONA” and “BUDWEISER”, until the next date of hearing.