Cerveceria Modelo Demexico & Ors. V. The Origin Ventures & Ors.. CS(COMM) 479/2021, Order dt. 30/09/2021
In a suit filed by Cerveceria Modelo Demexico S De R L De Cv & Ors. (“Plaintiffs”), the Delhi High Court restrained the defendants from using the
Plaintiffs’ #CORONA and #BUDWEISER word and logo marks or any marks similar to the Plaintiffs’ marks. The court also restrained the defendants from using the Plaintiffs’ marks in a disparaging manner.
The Plaintiffs claimed to be the world’s largest brewing company and the registered owners of the above-noted trade marks. The Plaintiffs further claimed that the defendants were using the get-up, logo, font etc., of their marks in a derogatory manner on/in relation to clothing. Accordingly, the Plaintiffs prayed for an interim injunction to restrain the defendant from infringing their marks, tarnishing the goodwill and reputation of their marks and using their marks in a disparaging manner.
The court observed that, based on the evidence presented before it, the defendants were using the marks CORONA and BUDWEISER in a manner that resembles and disparages the registered trade marks, logos and labels of Plaintiffs, and is clearly in very bad taste. The court further held that the Plaintiffs had prima facie established the three factors of passing off and the balance of convenience tilted in favour of the Plaintiffs, who are well established in their business and have earned great goodwill from their customers. Accordingly, the court granted an injunction in favour of Plaintiffs, restraining the defendants from selling, marketing, displaying etc. their products or disparaging the Plaintiffs’ trade marks in any manner.