The Coca-Cola Company v. Bisleri International Pvt. Ltd.

Global giant protects brand identity in India"

Overview :

This case is a landmark trademark infringement dispute where Coca-Cola alleged that Bisleri, after selling the MAAZA trademark and formulation, violated the agreement by applying to register the trademark in another country and marketing it.

Facts & Findings :

⦁ Coca-Cola acquired the rights for the mango drink "MAAZA" from Bisleri in 1993.

⦁ In 2008, Bisleri applied to register the "MAAZA" trademark in Turkey and exported the product using the same name.

⦁ Coca-Cola claimed this was a violation of the assignment deed and amounted to trademark infringement and passing off.

⦁ The court examined the scope of trademark assignment and found that Bisleri was still using the mark post-assignment.

Suggestion :

Ensure that the terms of a trademark assignment or sale agreement are clear, especially regarding territorial and future usage rights. Once a mark is assigned, the seller must refrain from using it unless specifically authorized.

Judgment :

⦁ Date : November 14, 2008

⦁ The Delhi High Court granted an interim injunction against Bisleri, restraining it from using the "MAAZA" trademark anywhere, including export markets.

⦁ The court emphasized protection of global goodwill and territorial integrity of trademarks.