The reports note that the court highlighted that the use of ‘Cox 5001’ trademark amounts to ‘passing off’
Preventing Madhya Pradesh-based Jagpin Breweries from using the name ‘Cox 5001’ for its beer, the Bombay High Court has ruled in favour of AB InBev in a trademark infringement case and issued a permanent injunction, as per the reports.
The ruling comes over a decade after the Indian arm of the company filed a trademark infringement case against the beer producer. The company sells ‘Haywards 5000’ beer in India. The reports noted that the court highlighted that the use of ‘Cox 5001’ trademark amounts to ‘passing off’. The term refers to making a false representation that is likely to mislead someone into believing that the item comes from another source, the reports pointed out, since the numeral 5001 is visually and conceptually similar to 5000.
The court added that since the petitioner company has immense goodwill and reputation, such misrepresentation would cause a real and tangible likelihood of damage to its goodwill. The company pointed out that the defendant’s use of the mark was dishonest. The act was undertaken with the intention of exploiting the company’s reputation and goodwill, it said, as per the reports.
AB InBev India is betting on the country from a long-term perspective, Vineet Sharma, Vice President, Marketing and Trade Marketing, told BW Retail World earlier.
“There is a huge leg room for the brand to grow. Young population, where the beer is under penetrated, is a great recipe for success for our brands, and we are betting big time on India as a country,” Sharma stated during an interaction. He noted that a big focus is on winning and dominating the premium-based segment with brands like Budweiser, Corona and Hoegaarden.
