ACQUA MINARALS LIMITED Vs. PRAMOD BORSE

JUDGEMENT

(1.) Through this suit the plaintiff has sought a decree for permanent injunction restraining the defendants, their partners from using the mark BISLERI and/or BISLERI .corn as part of their domain name or in any other mariner whatsoever as for any products, goods or services so as to result in passing off, an infringement of copyright and directing them to transfer the domain name BISLERI-com to the plaintiff-

(2.) The case of the plaintiff in brief is that it is the registered proprietor of the trade mark BISLERI and is registered under the Trade and Merchandise Marks Act, 1958 (hereinafter referred to as 'the Act') bearing No.260716 dated 20/11/1969 and is also the owner of the copyright in the BISLERI word and the unique manner in which it is written. Its mark BISLERI is extremely well known in the Indian market and was one of the first marks introduced for bottled mineral water in India. The BISLERI water is distributed in over 500 towns and cities of India and constitutes 70% of the branded bottled mineral water in the country. That it has a huge distribution network all over the country which ensures that the mineral water under the mark BISLERI is made available to consumers all over the country. That plaintiff has also spent huge sums of money on the advertisement and publicity of its product BISLERI and its reputation has grown over the years as result of enormous consumer confidence and trust in the mineral water and the mark BISLERI has come to be associated exclusively with the plaintiff and, therefore, belongs to the plaintiff and no one else has the right to use the said mark in relation to any product whatsoever.

(3.) That the word BISLERI has no dictionary meaning and is an Italian surname which is entitled to the highest degree of protection like various other surnames which fall in this category namely Colgate, Bata etc. One Mr.Felice Bisleri, an Italian entrepreneur has set up business of mineral water in India and the business was bought by on the plaintiff 's group companies and all the rights in the BISLERI mark now vest exclusively in the plaintiff company.