Coke wins case against Bisleri for Maaza brand name

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New Delhi, Oct. 20

The Delhi High Court has asked the Ramesh Chauhan-led Bisleri International to stop selling the mango flavoured soft-drink under the trade name Maaza in India, giving Coca-Cola a victory in a trademark case.

The matter concerning the trademark rights to Maaza has been fought for over a year now with the Delhi High Court allowing the interim injunction in the matter, passed in 2008, to become absolute in favour of Coca-Cola.

Bisleri International had accused Coca-Cola of infringing IPR (intellectual property right) agreements dating back to 1993 and 1994. It had challenged Coca-Cola's move to register the Maaza trademark outside India and sent a legal notice to the company, its affiliates and franchisees to stop the production of Maaza.

Bisleri's contention was that Maaza was sold to Coca-Cola for distribution and sale only within India and that the licensee (Bisleri) was the registered proprietor of the trademark outside the country. The Coca-Cola Company however, claimed to be the absolute owner of the formulations and knowhow in India through a transfer of knowhow agreement with Aqua Minerals and a confidentiality agreement with Golden Agro, a sister concern of Bisleri which was engaged in manufacturing the drink.

Last year, the Delhi High Court was of the view that Coca-Cola was the owner of the Maaza trademark in India. The court however, restrained Coca-Cola and its associates from using the trademark Maaza or any other deceptively similar trademark in relation to non-alcoholic beverages, syrups and other preparations till a final hearing.

When contacted, Mr Ramesh Chauhan, Chairman and Managing Director, Bisleri told Business Line, "The judgment doesn't affect our operations in any way. Therefore, we would not be moving to the Supreme Court after this judgment."

Earlier, Mr Chauhan had accused Coca-Cola of stealing the IPR of Maaza and infringing an agreement dating back to 1993 and 1994 signed between the Coca-Cola Company (CCC) and Aqua Minerals, now Bisleri.

"The court was pleased to dismiss Bisleri's application for vacation of the ex-parte interim injunction against use of the Maaza trademark in India including the use for purposes of export from India as well as their application for rejection of the suit on the grounds that the Delhi High Court lacked the requisite jurisdiction," Ms Anuradha Salhotra, Partner, Lall Lahiri & Salhotra, who represented Coca-Cola, told Business Line.

Taken from Business Line

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