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The Delhi High Court has restrained a liquor manufacturer from using the MIRINDA mark. The order is applicable to its Hindi transliteration as well. The suit was filed by PepsiCo seeking a permanent injunction.
An Indian company named Jagpin Breweries had been selling country liquor by using the transliteration of mark 'Mirinda'. After being aware of it, PepsiCo came to the conclusion that it was an infringement on their exclusive rights to sell goods in respect of which the trademarks were registered. The multinational company submitted that Section 28(1) of the Trade Marks Act (TMA), 1999 empowers them for it and it also enables obtaining relief in case of infringement.
PepsiCo submitted before the court that transliteration was causing confusion among purchasers that the said liquor was being produced by it and was causing damage to goodwill of Mirinda. The company alleged that it was an infringement under the ambit of Section 29 of TMA, 1999. Bhatia plastics case was cited to point out that using transliteration is impossible in law.
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