Anheuser Busch Inbev India Ltd., the registered proprietor of trademarks "HAYWARDS 5000" (label mark No. 436744 since 1985) and "FIVE THOUSAND" (word mark No. 1521743 since 2010) for beer in Class 32, sued Jagpin Breweries Ltd. for infringement and passing off by using "COX 5001" on beer, seeking injunction and Rs. 20 lakhs damages, claiming continuous use since 1983, well-known status declared in 2003, and prior successful actions against similar marks including against defendant for "COX 5000" in 2006 where injunction was granted.
Defendant filed written statement raising defenses like dissimilarity, abandonment, numeral 5000 being common to trade, disclaimer, suppression of facts, and consent, but led no evidence despite opportunities, its rectification application was dismissed by IPAB in 2011, interim injunctions granted in 2012 and 2014 were unchallenged, and defendant failed to appear at final hearing despite notice.
The court reasoned that numeral 5000 is essential feature of plaintiff's marks protected by registration, defendant's "5001" is deceptively similar creating confusion for average consumer with imperfect recollection, adoption dishonest without explanation, no abandonment as plaintiff showed continuous use, defenses untenable without evidence, passing off established by plaintiff's goodwill and likelihood of deception, but damages not proved lacking evidence of loss or defendant's profits.
The suit was decreed granting permanent injunction restraining infringement and passing off, but denying damages, and awarding Rs. 10 lakhs costs to plaintiff considering defendant's conduct.
Law Point:
Registration of a composite label mark protects all its essential and leading features, including numerals like "5000", entitling the proprietor to restrain use of deceptively similar marks under Section 28 of the Trade Marks Act, 1999: Para 23.
In assessing deceptive similarity for infringement, courts must consider overall impression, essential and dominant features rather than minute side-by-side comparison, focusing on imperfect recollection of average consumer: Anheuser Busch Inbev India Ltd. v. Jagpin Breweries Ltd., Para 27
Minor variations like changing "5000" to "5001" do not avoid infringement if they create confusion, especially for identical goods like beer: Paras 24-26.
Dishonest adoption inferred if defendant provides no explanation for choosing similar mark and fails to conduct registry search: ., Para 23 .
For passing off, plaintiff need not prove actual confusion but likelihood thereof, based on goodwill, misrepresentation, and potential damage: Para 26 .
Disclaimer in registration applies only to specified descriptive matter, not extending to distinctive numerals unless expressly recorded: Anheuser Busch Inbev India Ltd. v. Jagpin Breweries Ltd., Para 27.
Damages or accounts of profits require specific proof of loss or gains; not awarded without evidence: Anheuser Busch Inbev India Ltd. v. Jagpin Breweries Ltd., Para 28.
In commercial suits, costs including legal fees awardable under amended Section 35 CPC considering party's conduct like non-appearance: Anheuser Busch Inbev India Ltd. v. Jagpin Breweries Ltd., Para 28.
Case Title: Anheuser Busch Inbev India Ltd. Versus Jagpin Breweries Limited:08.12.2025:Commercial Suit No.110 of 2012: 2025:BHC-OS:24184:Bomb HC: Name of Hon'ble Judge: Arif S. Doctor, J.
[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation]
[Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]
