(1.) This judgment shall dispose of I.A. 6862/2022 filed by the Plaintiffs in which ex-parte ad interim injunction was granted by the Court on 6/5/2022 as well as I.A. 8623/2022 filed by the Defendants seeking vacation of the injunction.
(2.) Present suit has been filed by the Plaintiffs seeking decree of permanent injunction restraining the Defendants, by themselves, their agents, representatives, servants, men, distributors and all those acting in concert with them or on their behalf or claiming under or through them or otherwise howsoever, from using the trademark 'MIRINDA', transliteration thereof in Hindi <IMG>JUDGEMENT_206_LAWS(DLH)5_2023_1.jpg</IMG> and/or any other language and/or any deceptive variation thereof in relation to their product i.e. country-made liquor and/or in relation to any other business activity in a manner that it infringes Plaintiff No.1's statutory and common law rights in its registered and well known mark <IMG>JUDGEMENT_206_LAWS(DLH)5_2023_2.jpg</IMG> and/or variants thereof including <IMG>JUDGEMENT_206_LAWS(DLH)5_2023_3.jpg</IMG> (MIRINDA Marks), as well as passing off their goods as that of the Plaintiffs.
(3.) It is stated in the plaint that MIRINDA marks are registered trademarks of Plaintiff No.1 in India and subsist on the Register of Trademarks. Plaintiff No.1 is a corporation, duly incorporated under laws of State of North Carolina, USA and is engaged in the business of manufacturing and distributing, on its own and through affiliates and subsidiaries, non-alcoholic beverages, packaged and aerated water and snack foods. It is one of the world's premier consumer products companies and one of the largest and best-known manufacturers and distributors of soft drink beverages and snack food products in the world. Its products include refreshment beverages, packaged drinking water, sports drinks, fruit juices and salted snacks and foods, sold almost in every country in the world, under its several famous and reputed marks such as MIRINDA, PEPSI, 7UP, MOUNTAIN DEW, AQUAFINA, LAY'S, RUFFLES, CHEETOS, DORITOS, etc. Plaintiff No.2 is a company incorporated under the Indian Companies Act, 1956 and is a wholly owned subsidiary of Plaintiff No.1, engaged in sale of different beverages, packaged drinking water and snacks under its own marks as well as various registered marks of Plaintiff No.1.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
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