The plaintiff claiming infringement of its trademark “Haywards 5000” they are using it for strong beer. The defendant is using trademarks “Prestige 5000” and “Four Square 5000” for its bottled water.

The plaintiff has filed the suit on the basis of their registered label mark of which one of the essential features is numeral “5000”. The numeral “5000” is an essential feature of the mark of the plaintiff; the defendant is using the marks “PRESTIGE 5000” and “FOUR SQUARE 5000”. The Trade Marks Act, 1999 gives an exclusive right to plaintiff to use the mark “Haywards 5000” and also prevent any one from using any deceptively similar trademark. The plaintiffs have made efforts to popularize their beer sold under the said trade mark and have issued said material bearing the trade mark “Haywards 5000”.

Use of numeral “5000” by the defendant, was identical to the trade mark of plaintiff. The numeral “5000” not disclaimed by the plaintiff as apparent from plaintiff. Interim injunction against use of numeral “5000” by the defendant, granted.

The plaintiff came to know that there were several unscrupulous traders manufacturing motorcycle parts and other items bearing the plaintiff trademark HERO HONDA and the logo with the result that there was not only loss of profit, but the brand equity of the plaintiff was effected on account of inferior quality of the product sold in the market by such traders and to the public at large who are deceived by the conduct of the defendant.

In view of the aforesaid position, a decree for permanent injunction is passed in favour of the plaintiff and against the defendant restraining the defendant from selling motorcycle parts bearing the trademark HERO HONDA with or without the logo or any other trademark deceptively similar to the plaintiff’s mark HERO HONDA and logo as also selling such goods in the packaging identical or deceptively similar to that of the plaintiff. A decree is also passed in favour of the plaintiff and against the defendant for the defendant to hand over the seized goods released by the Local commissioner on superdari to the defendant so that the same can be destroyed by the plaintiff. A decree of damages is also passed in favour of the plaintiff and against the defendant for a sum of Rs.5 lakhs.