Bisleri International Private Limited vs Bokaro Food and Beverages

By the present interim application, plaintiff seeks reliefs on its prayers relating to infringement of its trade mark, label and artwork of BISLERI by the defendant by use of the impugned mark depicted under pirated artwork of BISLARI. The rival marks are reproduced herein-below for comparison.

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Kiran Kawre

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Plaintiff’s product Defendant’s product

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In this application, on 16^th July 2025 this Court granted ex-parte adinterim reliefs in favour of the plaintiff. The order was executed and Court Receiver’s Report No. 365 of 2025 is on record.

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Kiran Kawre

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The defendant was served with the papers. An affidavit proving service upon the defendant on 29.07.2025 has been e-filed. But, there is no appearance on behalf of the defendant.

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In this backdrop, the learned counsel for the plaintiff is pressing for relief in the leave petition filed under Clause 14 of the Letters Patent and thereupon, it is submitted that this Court may consider granting further ad-interim reliefs in the context of the action for passing off the defendant’s goods and the defendant’s bottle shape mark and design.

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This Court has considered the record. Despite service, the defendant has chosen not to appear before this Court. The contents of the leave petition are perused and for the statements made therein, the leave petition is allowed in terms of prayer clause (a) of the petition.

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Consequently, the prayer with regard to interim reliefs in the context of action for passing off is taken up for consideration.

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The plaintiff has been bottling and packaging its BISLERI packaged drinking water in bottles bearing a new and original shape, design, outer structure, surface pattern, configuration and ornamentation. Since the year 2006. The said bottle is transparent with green coloured cap and bears a conical shape on its top portion easing into a cylindrical shape towards the bottom. The design of the plaintiff’s BISLERI bottle is appended to the plaint. On account of continuous use since the year 2006, the plaintiff’s BISLERI bottle bearing this new design is distinctive of, synonymous and exclusively identified with the plaintiff, who claims

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Kiran Kawre

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valuable common law rights therein. BISLERI has been declared as a well known trade mark of the plaintiff and is included in the list of Well Known trade marks appearing on the Trade Marks Registry website. BISLERI has also been declared as the ‘Most Trusted Brand’ by Brand Equity Supplement of the Economic Times.

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The Plaintiff has taken efforts to popularize its goods sold using the trade mark and artwork of BISLERI packaged in distinctive bottle design and has spent substantial sums of money on advertisements and sales promotional efforts. The total sales turnover of the plaintiff under its trade mark and artistic work of BISLERI sold using the distinct bottle design and shape for the financial year 2023-24 is to the tune of Rs. 2639 crores and the amounts spent on advertisements, publicity and sales promotion expenses for the same year is to the tune of Rs. 101 crores. In support thereof the plaintiff has furnished copies of sales advertisement and advertisement cuttings evidencing such use.

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The Plaintiff has also sponsored events such as the Indian Super League and is the ‘Official Hydration Partner’ for various marathons organized all across the country. Owing to such long use, huge sales and wide publicity undertaken by the plaintiff using the trade mark, artistic works and bottle design, the same have become extremely popular and such features are etched in the minds of the people in the trade and the consumers alike.

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The Plaintiff has also been vigilant in protecting its trade mark and artwork of BISLERI from being infringed by others by diligently taking

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Kiran Kawre

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action against such infringers who seek to usurp upon the plaintiff’s valuable rights. The plaintiff has appended to the plaint copies of few Court orders obtained against third party infringers and has produced a list of the various oppositions filed against parties who seek to register label marks copied from the label mark BISLERI of the plaintiff. Such pleadings find mention in the plaint.

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Having heard learned counsel for the applicant/plaintiff and having perused the record, I find that sufficient pleadings are on record for the plaintiff to press for additional ad-interim reliefs concerning the action for passing off. Having perused the same, I am satisfied that there are sufficient grounds for the prayers relating to passing off qua the goods, business, the bottle design and shape mark, to be granted.

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Accordingly, in addition to the ad-interim reliefs granted on 16^th July 2025, there shall be further ad-interim relief in terms of prayer clauses (c) & (d) , which read as follows :

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(c) pending the hearing and final disposal of the suit, the Defendant by themselves, their partners, servants, agents, distributors, stockists, assignees and all those connected with the Defendant in their business be restrained by an order and temporary injunction of this Hon’ble Court from and/or using in any manner whatsoever in relation to their packaged drinking water and such other like goods, the impugned mark BISLARI depicted under the impugned trade dress or any mark, label or trade dress identical with and/or deceptively similar to the Plaintiff’s distinctive and prior used trade mark and trade dress of BISLERI, so as to pass off their goods and business as

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Kiran Kawre

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and for those of the Plaintiff or in some way connected or associated therewith ;

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(d) pending the hearing and final disposal of the suit, the Defendant by themselves, their partners, servants, agents, distributors, stockists, assignees and all those connected with the Defendant in their business be restrained by an order and temporary injunction of this Hon’ble Court from manufacturing, packaging, distributing, marketing, selling, offering for sale and/or using, in any manner whatsoever in relation to their BISLARI bottles, the impugned bottle design/shape mark or any design/shape mark which is identical with and/or is substantially similar to and/or an obvious imitation of the Plaintiff’s design/shape mark as applied to its BISLERI bottles, so as to pass off or enable others to pass off the Defendant’s bottle as and for that of the Plaintiff or in some way associated with or connected with the Plaintiff;

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The ad-interim reliefs granted on 16^th July 2025 and the ad-interim relief granted today, shall continue to operate until further orders. The plaintiff shall serve a copy of this order upon the defendant via courier, email or such other mode of communication and file an affidavit of service.

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List the application for hearing and final disposal on 06.10.2025.

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( ARIF S. DOCTOR)

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Kiran Kawre

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Bisleri International Private Limited v. Bokaro Food and Beverages

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Bisleri International Private Limited v. Bokaro Food and Beverages

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