Issues Galore : The Coca-Cola Company v. Bisleri International Pvt. Ltd. and Ors. Decided On : 20-10-2009; CS (OS) No. 2166/2008, Delhi HC
By
Dr. Ram Manohar Lohiya
,
Spriha Singh
Brief Facts
The assignment deed contemplated assignment, transfer of Trademark MAAZA in India; Goodwill Assignment agreement and transfer of know-how among other terms.
The Coca Cola’s case: all the trademarks, formulation rights etc. were irrevocably conveyed to them forever and that Bisleri retained the trademark rights of MAAZA in respect of other countries where it had been registered.
When the Coca-Cola filed for registration of trademark MAAZA in Turkey in 2008, Bisleri served on it with a legal notice which, according to Coca-Cola, claimed that the Coca-Cola had breached the said agreement by attempting to register MAAZA in Turkey as the agreements/assignments between the parties allowed the Coca-Cola to use MAAZA in India alone and also stated Bisleri’s intention of using the trademark MAAZA in India.
Reiterating that exporting of goods from a country is to be considered as sale within the country from where the ....