New Delhi, 4 September The Delhi High Court has restrained a Jodhpur-based local company from selling its soft drink under the trademark ‘FACTA´ which is similar to global beverages giant Coca-Cola’s trademark ‘FANTA´.
Accepting Coke’s contention that this was infringement of its trademark, the court also granted damages of Rs 5 lakh to Coca-Cola.
Granting permanent injunction, the high court said documents on record showed that the style of the both labels were similar and therefore the word FANTA and FACTA were liable to cause deception.
The high court added, it cannot be overlooked that these aerated drinks were purchased by public at large including children, who may not be well educated and thus increasing the chances of deception.
The judgement came on a suit filed by Coca-Cola Company seeking injunction and damages for infringement of its trademark FANTA on account of a deceptively similar trademark FACTA, being used by the defendant.
The Coca-Cola Company, which is the proprietor of various trademarks such as Coca-Cola, Coke, Fanta etc, contended that it came to know about defendant company’s activities in November 2003, through its general advertisement which talked about the trademark FACTA which was confusingly similar to its mark FANTA.
Contending that the trademark FANTA has been in use since 1941, the beverage giant said the local company deliberately used its mark to ride on its reputation and tried to cash in on the goodwill of Coke.