SOCIETE ANONYME DES EAUX MINERALESD EVIAN Vs. EVIAN

JUDGEMENT

(1.) In this suit Filed by the plaintiff for a decree of permanent injunction seeking to restrain the defendant from manufacturing, selling, offering for sale. directly or indirectly dealing in fruit NNbeverages, concentrates of fruits and dehydrated fruits under the trade mark EVIAN'S TRUPTI or under any other trade mark that contains the plaintiffs mark EVIAN or under any other deceptively similar mark and/or from using the trading style EVIAN (India) or any other trading style that contains the plaintiff's mark EVIAN or any other deceptively similar word or from doing any other thing as is likely to pass off the defendant's goods or business as the goods or business of the plaintiff. Relief of 2939/89 rendition of accounts has not been pressed now.

(2.) In brief the facts are that the plaintiff Society came into existence in 1859 and it developed its business around the Cachat Spring at Evian by bottling and marketing of Evian mineral water and organising health cures consisting in drinking the Evian waters on the spot. Apart from bottling and selling of Evian mineral water, the plaintiff bottles and sells soft drinks such as fruit juices, sodas and fruit based drinks. The plaintiff also sells Evian mineral water conditioned in spray cans for cosmetic use and runs a health centre. The plaintiff's goods bearing the trade mark Evian have been sold in India as far back as in 1981 to various dealers. The plaintiff is the registered proprietor of the trade mark EVIAN in respect of goods falling in international class 32 or equivalent classes in various countries of the world.

(3.) The trade mark Evian has acquired an excellent reputation and goodwill, the world over, on account of the high quality of the plaintiffs products and extensive advertising in the printed and audio visual media. The said reputation and goodwill extends to India on account of the sale of plaintiffs products under the trade mark Evian in India and on account of spill over advertising and tourist travel. Thus, the consuming public and traders in India identify, recognise and associate the trade mark Evian with the plaintiffs products exclusively. The trade mark Evian has acquired such a high degree of distinctiveness that it has been registered in several countries of the world including United Kingdom.