Frito-Lay India & Ors. Versus Radesh Foods & Anr
by admin — last modified 2009-08-13 16:20
CS (OS) No.1686/2003
HON'BLE MR. JUSTICE MANMOHAN SINGH
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 application under Order 6 Rule 17 CPC being I.A. No. 2994 of 2005 and the same was allowed vide order dated 05.05.2005. The case of the Plaintiff is that the Plaintiff no. 1 Company is a Corporation existing under the laws of the United States of America.
3. Pepsico India Holdings (P) Limited is duly authorised to take all actions to protect the various intellectual property rights of the Plaintiff no. 1 Company and its subsidiaries
4. The Plaintiff Company together with its subsidiaries, affiliates, associate companies is the largest seller of salted snack foods in the world. The salted snack foods of the Plaintiffs range from potato chips, corn chips, crunchy cheese balls and various Mexican snacks to bhujia and namkeens like Aloo Bhujia and Navratan Mix. These salted snacks of the Plaintiff Company are introduced in India under various trade marks, inter alia, Lay’s Cheetos, Ruffles, Lehar etc. since 1990.
5. The present case specifically relates to the Lay’s mark and packaging which has been used and adopted by the Plaintiffs inIndia.
6. The Defendants have adopted a deceptively similar mark “Leo” written in identical writing style as also the packaging, colour combination, layout, get – up and all the distinctive elements of the Plaintiff’s packaging.
7. It is contended that the Defendant no. 1 was at the time of institution of the suit, manufacturing the impugned products till July, 2003 but thereafter the products are being manufactured and sold by Defendant no. 2, Sambhav Foods.
8. It is averred in the plaint that the “Lay’s” mark & logo and the “Sun Banner Device” trade marks are registered trade marks inIndia. The details of the registrations are as under:
Registration No. Mark Class
453831 B LAYS word mark 29453832 B LAY’S word mark 30
838858 Lay’s + Sun Banner Device 29
838860 Sun Banner Device 29
9. It is stated in the Plaint that the Lay’s mark and the Sun Banner Device have also been registered in the Plaintiff’s name in several countries of the world. These include African Union (O.A.P.I.). Australia, Benelux, Brazil, Canada, China, Dominican Republic, Egypt, European (O.H.M.I.), France, Germany, Hong Kong, Hungary, Israel, Italy, Japan, Kuwait, Mexico, New Zealand, Philippines, Poland, Russian Federation, Saudi Arabia, Singapore, South Africa, Taiwan, Thailand, United Kingdom, United States of America, Venezuela etc.
10. It is mentioned in the Plaint that the Lay’s mark and the artistic manner of writing the same is an original artistic work under the Copyright Act, 1957. The Sun Banner Device is also an original artistic work belonging to the Plaintiff Company. The same have been created for and on behalf of the Plaintiff Company and are globally used. These works are entitled to protection under the Copyright Act, 1957 as artistic works.
11. The Lay’s Potato chips is one of the most well known products of the Plaintiffs in India and manufacture potato chips of...
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