Bombay High Court Issues Interim Injunction Against Trademark & Copyright Infringement Of 'CAMPA' Soft Drinks By “Jhampa”
Sanjana Dadmi
13 Nov 2024 10:49 AM IST
The Bombay High Court has issued a temporary injunction against trademark and copyright infringement 'CAMPA' beverages, owned by Reliance Retail Ltd.
Reliance (plaintiff) filed the suit against the defendants for trademark infringement, passing off and copyright infringement of the non-alcoholic Campa beverages.
The mark 'CAMPA was adopted by Campa Beverages Private Ltd in 1972. Reliance stated that Campa Beverages assigned the 'CAMPA' trademark and its copyrighted and artistic works to it in August 2022 through a Deed of Assignment.
Reliance stated that it relaunched the CAMPA brand and spent a lot of money for its promotions. It submitted that it spent Rs. 35 crore in FY 2023 for promotional and advertising activities of Campa products.
Reliance alleges that the defedant's use of 'JHAMPA' mark for their products is infringing the CAMPA trademark. It contends that the defendant's mark is identical with and deceptively similar to its trademark and a reproduction of its registered artistic works.
A single judge bench of Justice R.I. Chagla opined that prima facie CAMPA products have acquired immense goodwill and reputation.
The Court noted that the JHAMPA mark is deceptively similar to Reliance's CAMPA trademark in visuals, phonetics and structure.
It observed that defendant's dishonesty was evident from the fact that it filed a trademark application for JHAMPA only after receiving a cease and desist notice from Reliance.
The Court was of the view that a prima facie case for grant of ad interim was made out and that Reliance would likely suffer irreparable injury if it was not granted.
The Court thus restrained the defendants from infringing, distributing, selling and advertising CAMPA trademark or other deceptively similar marks in relation to any non-alcoholic beverages.
It also restrained the defendants from infringing, distributing, selling and advertising artistic works such as logos, layout, colour combination, arrangement of matter on the packaging and phrases and catchlines which are identical to CAMPA copyright artistic works.
The Court posted the matter on 27 November for further hearing.
Case title: by Reliance Retail Ltd. vs. Md. Sirajuddin and Beauty Bibi (Interim Application (L) No. 32380 Of 2024 In Commercial Ipr Suit (L) No. 32031 Of 2024)
