PEPSI CO INC Vs. HINDUSTAN COCA COLA

JUDGEMENT

(1.) By way of this application for grant of an interim injunction, the plaintiffs seek orders restraining the defendants from in any manner infringing upon the registered trademark of the plaintiffs by use of Globe Device/ the word PAPPI or any Other word which is deceptively similar to the mark of the plaintiffs Pepsi by using the same in the impugned commercials. Restraint is also sought against the defendants from infringing upon the copyright of the plaintiffs in the works YEH DIL MANGE MORE, Globe Device, television commercials of the plaintiffs including the Roller Coaster Commercial. What the plaintiffs seek is that the defendants be restrained from telecasting the impugned commercials or any other form of advertising through print, electronic or media on the ground that impugned commercials infringe the trademark and copyright of the plaintiffs and disparage the plaintiffs' products which has resulted in dilution of plaintiffs' goodwill and reputation.

(2.) The multi-national giants namely Pepsico Inc. and Ors. and Hindustan Coca Cola and another are at war again on the economic plane in a bid to dominate the soft drink market. There is long history of trade rivalry between these two multinational Corporations.

(3.) Another round of litigation has commenced between these two multi- national Corporations and this time in the field of comparative advertising. The commercials by the defendants for its products have been objected to by the plaintiffs on the grounds of infringement of their rights under the trademark and Copyright Act and on the ground of disparagement.