NEW DELHI: Today, Delhi High Court has awarded a cost of Rs. 5 lakhs in favor of a Hungarian Company. The company was engaged in the business of production and sale of energy drinks under the brand names ‘HELL’ and ‘HELL ENERGY’ drink. The case was filed by them under trademark infringement.
The Bench headed by Justice Pratibha M Singh directed that the amount of Rs. 5 lakhs be paid by July 15 Earlier the parties also tried the mediation process but it was not successful and also that the Defendants were ex-distributors of the company in question.
The suit was filed by HELL ENERGY drink against M/s Jes & Ben Groupo Pvt. Ltd. and its directors. The case of Plaintiff was that the mark ‘HELL ENERGY’ was adopted by them in the year 2006, They further added that they had a unique logo, different trade dress, and artistic work.
Further, they added that they are also the registered owner of the mark ‘HELL’ in class 32 for ‘non-alcoholic beverages and energy drinks’ in countries like Denmark, Estonia, Finland, Ireland, Great Britain, Georgia, Germany, Lithuania, Sweden, Serbia, Turkey, and Uzbekistan.
The said mark, ‘HELL’ was registered in India in the name of Plaintiff since 2017 in respect of energy drinks. In the suit, it was the grievance of Plaintiff that despite the termination of the distributorship agreement, the Defendants continued to use the mark ‘HELL’ and other derivative marks for energy drinks. The suit was, therefore, filed seeking permanent injunction and damages.
On the Contrary, the Defendants intend to use the mark ‘HEYROCK’, however, the exact packaging, color combination, etc. was not available to Defendant.
It was noted that since the Plaintiff was a foreign company, the Court said that the payment shall be made in the name of the law firm representing it i.e. M/s S.S. Rana and Co. by way of a demand draft.
The Court also imposed the costs of Rs.2 lakhs vide order dated 23rd September 2021.
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