INDIA BUSINESS WORLD - AUGUST (16th - 31st) 2007
The Month that was ...
DELHI HIGH COURT RESTRAINS LOCAL FIRM FROM USING PEPSI'S 7UP TRADEMARK
The Delhi High Court has restrained an Udaipur-based company, Sunrise Beverages, from selling its soft drinks under the trademark 7th UP as it is similar to global beverages giant Pepsi's mark 7UP. Accepting Pepsi's contention that this was a case of infringement of its trademark and copyright, the court also granted damages of Rs 5.5 lakh to Pepsi. A bench of Justice said Sunrise Beverages cannot be allowed to create distinction by addition of alphabets 'th' to the trademark of Pepsi. "There is merit in the case of Pepsi that there is structural similarity between the two marks," he said. Pepsi Inc and its Indian subsidiary had filed a suit against Sunrise Beverages for infringement of their trademark.
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