The Coca-Cola Company Versus Bisleri International Pvt. Ltd. & Ors.

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Frito-Lay India & Ors. Versus Radesh Foods & Anr by admin — last modified 2009-08-13 16:20 NLS 8/4/2009/TM/CR/Del. CS (OS) No.1686/2003 HON'BLE MR. JUSTICE MANMOHAN SINGH JUDGMENT 1. The present suit has been filed by the Plaintiff for Permanent Injunction, infringement of Trademarks, Copyright and passing off and damages etc. against the Defendants. 2. When the suit was instituted, Plaintiff no. 1 was Fritolay India which now stands merged with Plaintiff no. 2 Company. During the pendency of the present suit, the mark LAY’S along with the Sun Banner Device as also the Sun Banner Device per se have become registered trade marks. In order to incorporate and bring on record these subsequent facts, the plaintiffs had moved an…show more content…
In the manufacturing process, the Plaintiffs employ vigorous quality control standards. The Plaintiffs possess enormous amount of goodwill in its products and are market leaders. 12. It is further stated that the current packaging of the Lay’s potato chips was introduced in the year 2002. The front side of the packaging consists of a white oval picture with a blue border. In the centre of the oval is the distinctive „Sun Banner Device.. In the centre of the sun banner device, the word Lay’s is written in white script in blue outline. The Plaintiffs have also prepared and published a Manual which prescribed the rules, conditions and parameters for the use of the Lay’s Sun Banner Device trade mark on packaging. The Plaintiffs have spent huge sums of money on popularizing and marketing its Ruffles Lay’s/Lay’s pack through sales promotions, advertisements through the print as well as electronic media. 13. The Plaintiffs. products are also very popular among children, as it has extensively advertised its products in various children’s publications including Motu Patlu and Dreaded Robber, Taiji and Tree of Sapodilla, Raman and Tea, Dynamite Series Mafia, 077 James Bond – 78, Mandrake – 76, Phantom – 89, Little Wonders Big Fun, Pran’s comics etc. The Lay’s potato chips of the Plaintiffs are extremely popular worldwide. This is evident form the sales figures of approximately 140 crores in 2002 in Indiaalone for the said
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