FRITO LAY INDIA Vs. GURU PRASAD ENTERPRISES

JUDGEMENT

(1.) This is the suit filed by the plaintiff for permanent injunction. restraining infringement of copyright, passing off, acts of unfair competition, damages, rendition of accounts, delivery up etc., in favour of the plaintiff and against the defendant.

(2.) Plaintiff No. 1, Frito Lay India is a company established under the Indian Laws and a subsidiary of the plaintiff No. 3, PepsiCo India Holding Limited, which is a subsidiary of plaintiff No. 2. Plaintiffs are manufacturing Namkeens. i.e. 'Aloo Bhujia' under the mark 'Lehar' and other edibles in their distinctive packages, i.e. "Pudina Twist". "Navratan Mix" and "Moong Dal. Plaintiffs have been manufacturing and marketing snack products and beverages also. Similarly the plaintiffs have also adopted an innovative style for the "Moong Dal" and the "Navratan Mix" range of its products which is an original artistic work under the Copyright Act, 1957.

(3.) The gravamen and grievance of the plaintiffs is that the defendants have based its packaging entirely on its packaging so as to convey an impression to the purchasing public that the defendant's product are that of the plaintiffs. The common features between the plaintiffs and the defendant's products are detailed as under:-