In a suit filed by Pepsico Inc. & Anr. (“Plaintiffs”), the Delhi High Court restrained the Defendant from using a logo deceptively similar to that of Plaintiffs’ Sun Banner Device. It was the case of the Plaintiffs that they are the registered proprietor of the Sun Banner Device in Class 29 and that the Defendant is using a deceptively similar logo under the name “MADHAV” in relation to allied goods, namkeens (savoury snacks). The Plaintiffs clarified that their grievance is limited to the logo and that they have no objection to use of the mark MADHAV. The Plaintiffs also asserted that have spent large sums of money towards in promoting the Sun Banner Device and defending rights in the mark through various legal actions.
The Court opined that the Plaintiffs have made out a prima facie case in their favour. The Court while granting an ad-interim injunction in favour of the Plaintiffs observed that “These are goods that are bought off the shelf in normal grocery shop and therefore, there is a likelihood of confusion, especially keeping in view the unwary consumer”. The Court through its order appointed a local commissioner to visit the Defendant’s premises to seize the Defendant’s goods bearing the infringing mark.
Pepsico Inc. & Anr. v. Ramdev Industries CS(COMM) 540/2021, Order dt. 05/08/2022 Delhi High Court