ASIA PACIFIC BREWERIES LTD Vs. SUPERIOR INDUSTRIES LIMITED

JUDGEMENT

(1.) By this order, I propose to dispose of IA No. 4680/2002 under Order 39 Rules 1 & 2 Code of Civil Procedure filed by the plaintiff.

(2.) Briefly stated the facts leading to this application are that on 13.5.2002 plaintiff Asia Pacific Breweries Limited incorporated in Singapore filed this suit against Superior Industries Limited, incorporated under the Indian Companies Act, 1956, seeking a decree for permanent injunction restraining the defendant from infringing plaintiffs trade mark TIGER beer and from passing off defendant's goods as those of plaintiff. According to the plaintiff, trade mark TIGER and a device of TIGER is owned and used by the plaintiff since 1932 for its product beer, besides other trademarks. The plaintiff and its group of companies operate 14 breweries in 8 countries. The first breweries was established in 1932. Since then it is using trade mark TIGER with the device of the TIGER. In para 5 of the plaint, the plaintiff has given details regarding registration of the trade marks TIGER in India in the plaintiffs name. The details are as under:- <FRM>JUDGEMENT_275_PTC32_2006_1.html</FRM>

(3.) A certified extract from the Register of Trade Marks in respect of Registration No. 511154 dated 1,6.89 has also been placed on record. It is pleaded that the said trade mark TIGER and various forms of labels are also registered in 58 other countries, which include countries from Europe, Africa, America and Asia. However, the plaintiff has not placed on record any registration certificate in respect of their trademark in any foreign country. It is further pleaded that the plaintiffs TIGER beer product is brewed in a highly automated, state of the art brewery located in Tuas, Singapore. More than 160 quality control checks are carried out to maintain its high quality standards. The plaintiff uses computer integrated manufacturing concepts in its process control system, which ensures that it consistently upholds the high quality that is demanded and expected of the TIGER beer product. The said system is a standard feature in all the countries where the TIGER beer product is brewed to maintain its consistent quality. The consistent and high quality of the TIGER beer product has resulted in its worldwide acceptance and for that reason it enjoys a place among the world's best beer and the distinction of "gold medal beer. Plaintiff has further asserted that over the years the plaintiff s beer under the brand name TIGER popularly known as TIGER BEER has received a large number of acclaims from the world's leading newspapers and journals. It has been rated as "the best among 18 brands" by Asian Wall Street Journal. The London Sunday Times praised TIGER beer product out of 250 brands for its "Balance, Clean Taste and Aroma". The New York Times attributed the success of the TIGER beer product to its "Careful Brewing Process". The plaintiffs said product was voted as "positively the best beer in the world" in a blind taste-test involving several hundred brands by the Washington Magazine. The said worldwide acclaim is matched by the host of awards, the plaintiffs TIGER beer product has won since 1939 including 30 international gold medals in Paris, Geneva, Rome, Lisbon and Madrid. The Plaintiffs TIGER beer product has also earned top honours at the 1998 Brewing Industries International Award, which is considered as the "Oscar of Beers" and held biennially in London, for its consistent quality. The beer products are judged in a series of blind taste-tests by a panel of 36 top brewers from 16 countries, with a combined brewing experience of about 950 years. The plaintiff truly believes that the TIGER beer brand is the most valuable and acclaimed brand. The plaintiff enjoys tremendous goodwill and reputation in the said beer product in the world including India."