The Bombay High Court granted a permanent injunction in favour of Anheuser-Busch InBev India Ltd., proprietor of the well-known beer trademarks “HAYWARDS 5000” and “FIVE THOUSAND”, in relation to the defendant’s use of the mark “COX 5001” for beer. The plaintiff, which has continuously used and marketed the mark “HAYWARDS 5000” since the 1980s and holds registered rights in the label mark “HAYWARDS 5000” (Registration No. 436744) and the word mark “FIVE THOUSAND” (Registration No. 1521743), submitted that the numeral “5001” in the defendant’s mark was conceptually and visually deceptively similar to the registered marks, particularly the dominant numeral “5000”, and likely to create confusion amongst consumers in respect of identical goods sold through the same trade channels.
The Court observed that the goods, consumer base, trade channels, and distribution networks of the parties were identical. The defendant failed to substantiate its arguments relating to dissimilarity, prior use, or the effect of any disclaimer regarding exclusive rights over the numeral “5000”. Applying Sections 28 and 29 of the Trade Marks Act, 1999, the Court held that the requirements of infringement, including deceptive similarity and likelihood of confusion, were satisfied. The Court also upheld the plea of passing off, noting that the defendant’s adoption of a confusingly similar numeral was not bona fide and sought to benefit from the plaintiff’s established reputation.
Accordingly, the defendant was restrained from manufacturing, selling, advertising, or dealing in beer under the mark “COX 5001” or any other mark deceptively similar to “HAYWARDS 5000”.
Source: Anheuser Busch Inbev India Ltd. V. Jagpin Brewerise Limited [Commercial Suit 110/2019]