Budweiser And Corona Trademark Dispute: Origin Ventures Settles; Represented By Anand & Anand
Budweiser And Corona Trademark Dispute: Origin Ventures Settles; Represented By Anand & Anand
Introduction
A recent judgment involving trademark infringement and passing off has been considered in the case of Cerveceria Modelo Demexico S De R L De CV & Ors. vs. The Origin Ventures & Ors.
Factual Background
Cerveceria Modelo Demexico S De R L De CV & Ors., the owners of prominent brands like Budweiser and Corona, alleged that The Origin Ventures & Ors. infringed on their registered trademarks 'Budweiser' and 'Corona'.
Procedural Background
The case was filed by Cerveceria Modelo Demexico S De R L De CV & Ors. against The Origin Ventures & Ors. for trademark infringement and passing off. The court heard arguments from the plaintiffs and considered the evidence presented.
Issues Involved in the Case
1. Trademark Infringement: Whether the defendant's use of Cerveceria Modelo Demexico S De R L De CV & Ors.' registered trademarks constituted trademark infringement.
2. Passing Off: Whether the defendant's actions amounted to passing off.
3. Injunction: Whether Cerveceria Modelo Demexico S De R L De CV & Ors. was entitled to an injunction.
Submissions of the Parties
Plaintiff (Cerveceria Modelo Demexico S De R L De CV & Ors.): The defendant's use of Cerveceria Modelo Demexico S De R L De CV & Ors.' registered trademarks was an attempt to exploit Cerveceria Modelo Demexico S De R L De CV & Ors.' goodwill and brand reputation.
Defendant (The Origin Ventures & Ors.): The defendant admitted to trademark infringement and passing off, and agreed to cease all infringing activities.
Discussion on Judgments and Legal Citations
The court relied on relevant case law, including previous judgments on trademark infringement and passing off.
Reasoning and Analysis by the Judge
The court's decision was based on the principles of trademark infringement and passing off, finding that the defendant's actions were an attempt to exploit Cerveceria Modelo Demexico S De R L De CV & Ors.' goodwill and brand reputation.
Basis for Calculating Damages
The defendant was directed to pay damages and costs to the plaintiff, amounting to INR 3,50,000.
Final Decision
The court granted an ex parte ad interim injunction against The Origin Ventures & Ors., restraining them from using Cerveceria Modelo Demexico S De R L De CV & Ors.' protected marks.
Law Settled in This Case
This case establishes that trademark infringement can have serious consequences, including significant damages and reputational harm.
Representation
In this case the plaintiff, Cerveceria Modelo Demexico S De R L De CV & Ors. was represented by Team Anand & Anand led by Mr. Shantanu Sahay and Ms. Vareesha Irfan, Advocates. The defendant was represented by Ms.Shambhavi, Advocate.
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