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ARTICLE · 14 JUNE 2018

Case Summary Of "Coca Cola Company V Glacier Water Industries Ltd."

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This case pertains to the infringement, passing off and unfair competition of registered trademark ‘KINLEY'. Coca Cola Company (hereinafter "the plaintiff") ...

IndiaIntellectual Property

This article summarises the judgment of High Court of New Delhi dated 28thFebruary 2018 in the case "Coca Cola Company v Glacier Water Industries Ltd.".

Brief Insight Into The Dispute:

Introduction:

This case pertains to the infringement, passing off and unfair competition of registered trademark 'KINLEY'. Coca Cola Company (hereinafter "the plaintiff") is the registered proprietor of the mark 'KINLEY'in class 32, which is primarily used by the plaintiff in relation to drinking water. Glacier Water Industries Ltd. (hereinafter "the defendant") were using the mark 'KINLEY' for water purification systems using reverse osmosis. The Defendant falsely claimed to have launched their water system in collaboration with the plaintiff no.1's Indian subsidiary, The Coca Cola India Pvt. Ltd., but no such collaboration exists. The Defendant openly advertised its product using the mark 'KINLEY'. The Defendant also applied for registration of the mark KINLEY bearing

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