LAWS(TLNG)-2022-10-59

PEPSICO INC Vs. MAGFAST BEVERAGES

Decided On October 26, 2022
Pepsico Inc Appellant
V/S
Magfast Beverages Respondents

JUDGEMENT

(1.) Since common issues arise in all these appeals, they are being disposed of by this common judgment.

(2.) CCCA No.20 of 2021 was filed by PepsiCo against the judgment and decree in O.S No.95 of 2004 passed by the X Additional Chief Judge, City Civil Court, Hyderabad dtd. 31/12/2019 for dismissing the suit filed by them for infringement of trade mark, copy right, passing off, acts of unfair competition, dilution, damages / rendition of accounts etc.

(3.) CCCA No.21 of 2021 was filed by PepsiCo against the finding on issue No.1 in the judgment and decree in O.S. No.19 of 2004 passed by the X Additional Chief Judge, City Civil Court, Hyderabad dtd. 31/12/2019. The said suit was filed by M/s.MagFast Beverages claiming damages and for permanent injunction. The said suit was also dismissed by the trial court however, observing that the rights conferred by registration of the trademark were subject to the rights of prior user of the trademark and that M/s.Magfast Beverages were prior users of the trademark 'Mountain Dew' and held on issue No.1 in their favour that they were holders of the trademark rights regarding the disputed trademark 'Mountain Dew'.