PEPSICO, INC Vs. PSI GANESH MARKETING

JUDGEMENT

(1.) The plaintiffs have filed the present suit for permanent injunction restraining violation and infringement of rights in the trade mark, trade name, label AQUAFINA, infringement of copyright, rendition of accounts, dilution, and delivery up. Summons were issued in the suit on 29.01.2013 and on 21.08.2013. On an application for appointment of Local Commissioner being filed by the plaintiffs, a Local Commissioner was appointed in the matter. Since none appeared on behalf of defendants despite service, defendants were proceeded ex parte on 15.01.2014.

(2.) Plaintiffs have filed affidavit by way of evidence of Director-Legal at the Plaintiff No. 2 Company and the authorized signatory of the Plaintiffs, Mr. Vinod Kaushal(PW1). A certified true copy of the Board Resolution executed by plaintiff no. 2 in favor of Mr.Vinod Kaushal has been exhibited as Ex. PW-1/2. PW1 has deposed that plaintiff No.1 i.e. PepsiCo, Inc. is a corporation existing under the laws of North Carolina, United States of America, having its principal office at 700, Anderson Hill Road, Purchase New York, USA and Plaintiff No. 2 i.e. PepsiCo India Holdings Limited, is a fully owned subsidiary of plaintiff No. 1, and is fully authorized on behalf of Plaintiff no.1. Plaintiff No. 2 is duly authorized to take all actions to protect the various trademarks of Plaintiff No. 1. The letter dated 07.08.2006 issued by Plaintiff No.1 in favour of Plaintiff No. 2 has been exhibited as Ex. PW1/1.

(3.) PW1 has further deposed that the Plaintiffs are world renowned manufacturers and sellers of beverages under the trademarks PEPSI, MIRINDA, 7UP and MOUNTAIN DEW, among others and are also the largest manufacturers and sellers of snack foods including the brands LAY'S, CHEETOS, TOSTITOS, DORITOS, LEHAR and KURKURE. It has also been deposed that one of the leading businesses of the Plaintiffs is the manufacture and sale of packaged drinking water under the trademark/name/logo/label AQUAFINA.