Bombay High Court Declares ‘5000’ Exclusive to Haywards 5000, Injunction & ₹10 Lakh Costs Against Jagpin Breweries

Bombay High Court Declares ‘5000’ Exclusive to Haywards 5000, Injunction & ₹10 Lakh Costs Against Jagpin Breweries

Introduction

The Bombay High Court has permanently restrained Jagpin Breweries Limited, a Madhya Pradesh based beer manufacturer, from using the mark “COX 5000” or any beer mark containing the numeral “5000”, holding that the numeral is inextricably associated with the iconic Haywards 5000 brand. The Court further imposed ₹10 lakh as costs for prolonged infringement and non-cooperation in proceedings, reinforcing strict judicial intolerance toward deliberate brand imitation in the liquor industry.

Factual Background

The plaintiff, Anheuser Busch InBev India Limited, is the proprietor of the celebrated strong beer brand Haywards 5000, originally adopted in 1983 and registered in 1985. The brand was acquired through assignment from Shaw Wallace & Co. Ltd. and was declared a well-known trademark by the Delhi High Court in 2003, a status it continues to enjoy.

Jagpin Breweries Limited began selling beer under the mark “COX 5000” in or around January 2005. According to AB InBev, the defendant’s adoption was calculated to exploit the immense goodwill associated with Haywards 5000, particularly the distinctive numeral “5000”, which functions as the brand’s dominant identifier.

Procedural Background

After issuing a cease-and-desist notice, which Jagpin denied, AB InBev instituted a trademark infringement and passing off suit in 2006 before the Bombay High Court. Over the years, the defendant repeatedly failed to substantiate its claims of prior use or industry-wide commonality of the numeral “5000” and was largely non-participative in the proceedings.

The matter was finally adjudicated by Justice Arif S. Doctor, who delivered a detailed judgment examining both statutory infringement and passing off.

Issues

1. Whether the use of the mark “COX 5000” infringed AB InBev’s registered trademarks “HAYWARDS 5000” and “FIVE THOUSAND”.

2. Whether the numeral “5000” constituted the dominant and essential feature of the Haywards brand.

3. Whether Jagpin Breweries’ conduct amounted to passing off and dishonest adoption.

4. Whether the plaintiff was entitled to costs despite not proving quantifiable damages.

Contentions of the Parties

AB InBev argued that the numeral “5000” is the most memorable and distinctive element of the Haywards 5000 mark and enjoys heightened protection due to the brand’s well-known status. It contended that the defendant’s use of “COX 5000” for identical goods beer was bound to confuse consumers and amounted to classic passing off.

Jagpin Breweries claimed that it had been using the mark since 2003 and that numerals like “5000” were common in the beer trade. However, it failed to produce credible evidence to support either contention.

Reasoning and Analysis

The Court held that AB InBev is the valid and undisputed proprietor of both the HAYWARDS 5000 label mark and the FIVE THOUSAND word mark. It found that the numeral “5000” is not incidental but rather the dominant, essential, and prominent feature of the Haywards brand.

Justice Doctor observed that a visual comparison of “HAYWARDS 5000” and “COX 5000” revealed deceptive similarity, particularly since both marks are used for identical goods. It was stated by the Court that:

“The mere use of a different prefix, namely ‘COX’, does not in any manner dilute or negate the likelihood of confusion.”

On passing off, the Court emphasised that Haywards 5000 has enjoyed continuous and extensive use since 1983 and commands enormous goodwill across India. Any average consumer with imperfect recollection encountering COX 5000 was likely to assume a connection with the Haywards brand.

Addressing costs, the Court noted Jagpin’s prolonged infringement, failure to lead evidence, and repeated non-participation. Although damages were declined due to lack of quantification, the Court held that deterrent costs were warranted in a commercial IP dispute of this nature.

Decision

The Bombay High Court permanently restrained Jagpin Breweries Limited and its associates from manufacturing, selling, advertising, or dealing in beer under the mark “COX 5000”, any mark containing the numeral “5000”, or any mark deceptively similar to “HAYWARDS 5000” and “FIVE THOUSAND”. The Court further directed Jagpin to pay ₹10 lakh as costs to AB InBev, underscoring that iconic brand elements especially in well-known trademarks cannot be freely appropriated under the guise of minor variations.

In this case the plaintiff was represented by Mr. Ashutosh Kane, Ms Amruta Thakur and Ms Sumana Roychowdhary i/b W. S. Kane & Co.