ANHEUSER BUSCH INBEV INDIA LIMITED(FORMERY SABMILLER INDIA LIMITED) vs JAGPIN BREWERIES LTD.

1. The Plaintiff has filed the present Suit seeking, inter alia (i) a permanent order of injunction restraining the Defendant from infringing the Plaintiff’s registered trade mark No. 436744, i.e., “HAYWARDS 5000”, as well as trade mark No. 1521743, “FIVE THOUSAND”, both in Class 32, by using the mark “COX 5001”(“impugned trade mark”) or any other trade mark deceptively similar to the Plaintiff’s registered trade mark and (ii) from passing off the Defendant’s goods as and of the Plaintiff’s goods. The Plaintiff has also sought damages of Rupees Twenty Lakhs. Brief Background 2. The Plaintiff is the registered proprietor of two trade marks in Class 32 for beer, (i) the label mark “HAYWARDS 5000” bearing Registration No. Meera Jadhav 1/29 comip-110--12.doc 436744 (“label mark”) and (ii) the word mark “FIVE THOUSAND” bearing Registration No. 1521743 (“word mark”). These marks are collectively referred to as “the said trade marks.” 3. The trade mark “HAYWARDS 5000” was originally adopted in 1983 by the Plaintiff’s predecessor in title, Shaw Wallace & Co. Ltd. (“Shaw Wallace”), who then, in the year 1985, applied for and secured registration of the label mark under registration No. 4367