ANHEUSER BUSCH INBEV INDIA LIMITED(FORMERY SABMILLER INDIA LIMITED) vs JAGPIN BREWERISE LIMITED AND 2 ORS

Judgment text excerpt

Digitally signed by MEERA comip-19--06-2.doc MEERA MAHESH MAHESH JADHAV JADHAV Date: 2025.12.10 17:25:34 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL IP SUIT NO.19 OF 2006 Anheuser Busch Inbev India Ltd. ...Plaintiff Versus Jagpin Brewerise Limited & Ors. ...Defendants ----- Mr. Ashutosh Kane, Ms Amruta Thakur and Ms Sumana Roychowdhary i/b W. S. Kane & Co. for Plaintiff. ----- CORAM : ARIF S. DOCTOR, J. RESERVED ON : 20th NOVEMBER 2025 PRONOUNCED ON : 8th DECEMBER 2025 JUDGMENT: 1. The Plaintiff has filed the present suit seeking inter alia (i) permanent order of injunction restraining Defendant Nos. 1 and 2 (“the Defendants”) from infringing the Plaintiff’s registered trade mark No.436744 i.e. “HAYWARDS 5000”, as well as trade mark No.1521743 “FIVE THOUSAND” both registered in Class 32 by using the mark “COX 5000” (“impugned trade mark”) or any other trade mark deceptively similar to the Plaintiff’s registered trade mark and (ii) from passing off the Defendants’ goods as and for the Plaintiff’s goods. The Plaintiff has also sought damages of Rupees Five Lakhs. 2. The First Defendant is a company incorporated under the Companies Act, 1956, and carries on the business of manufacturing, marketing and selling Meera Jadhav 1/26 comip-19--06-2.doc beer. The Second Defendant is in the management and control of the First Defendant company. 3. The Third defendant, i.e., Shaw Wallace & Co. Limited was the Plaintiff’s predecessor in title and was later deleted as a party to the Suit by an Order dated 13th March, 2013. The pleadings stood accordingly amended. Brief Background 4. The Plaintiff is the registered proprietor of two trade marks, (i) the label mark “HAYWARDS 5000” bearing Registration No. 436