Coke Wins in Landmark Indian Trademark Case

The Delhi High Court has asked the Indiantransfer of knowhow agreement with Aqua Minerals
conglomerate Bisleri International to halt the sale of theirand a confidentiality agreement with Golden Agro, a
mango-flavored soft drink under the trade namesister concern of Bisleri which was engaged in
Maaza in India, giving Coca-Cola a victory in amanufacturing the drink.
trademark case.Last year, the Delhi High Court rules in favor of
The issue has been fought for more than a year nowCoca-Cola but restrained the company and its
with the Delhi High Court allowing the interim injunctionassociates from using the trademark Maaza or any
in the matter, passed in 2008, to become absolute inother deceptively similar trademark in relation to
favor of Coca-Cola.non-alcoholic beverages, syrups and other
As reported in the Hindu Business Line, Bisleripreparations till a final hearing.
International accused Coca-Cola of infringing intellectual“The court was pleased to dismiss Bisleri’s
property right (IPR) agreements dating back to 1993application for vacation of the ex-parte interim
and 1994.injunction against use of the Maaza trademark in India
The company challenged Coca-Cola’s move toincluding the use for purposes of export from India as
register the Maaza trademark outside India and sent awell as their application for rejection of the suit on the
legal notice to the company, its affiliates andgrounds that the Delhi High Court lacked the requisite
franchisees to stop the production of Maaza.jurisdiction,” Anuradha Salhotra, a partner at Lall
Bisleri’s contention was that Maaza was sold toLahiri & Salhotra, who represented Coca-Cola,
Coca-Cola for distribution and sale only within India andtold Business Line.
that the licensee (Bisleri) was the registered proprietorThe case has been keenly followed by the
of the trademark outside the country. The Coca-Colainternational business and legal community to assess
Company however, claimed to be the absolute ownerthe impartiality of Indian courts in IPR matters.
of the formulations and knowhow in India through a