LAWS(DLH)-2014-4-238

PEPSICO. INC Vs. AQUA MINERAL

Decided On April 30, 2014
Pepsico. Inc Appellant
V/S
Aqua Mineral Respondents

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.

(2.) Summons were issued in the suit on 29.01.2013. On an application filed by the plaintiff for appointment of Local Commissioner moved, a Local Commissioner was appointed in the matter. None appeared on behalf of defendants despite service and hence defendants were proceeded ex parte on 15.01.2014.

(3.) 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.