Energy Beverages Pvt. Ltd. v. Ekadanta Packaged Drinking Water
Case brief
What is this about?
Consent-term disposal of an intellectual property suit concerning the impugned marks 'CLEAR GOLD', the impugned bottle shape and impugned artistic work; Energy Beverages Pvt Ltd v. Ekadanta Packaged Drinking Water; Bombay High Court Commercial Division; Arif S. Doctor, J.; suit disposed of in terms of consent terms; Defendants 3 & 4 deleted and suit dismissed as withdrawn against them; undertakings accepted as undertakings to the Court; consent terms inter partes only; Court Receiver's Report No. 26 of 2025 disposed; Receiver discharged without passing of accounts; Receiver costs borne by Applicant/Plaintiff; destruction of infringing materials within 4 weeks at Defendants' expense; all pending interim applications disposed.
What did the court decide?
Suit disposed of in terms of the consent terms between the Plaintiff and Defendant Nos.1, 2 & 5; Defendants 3 & 4 deleted from the array of parties and the suit dismissed as withdrawn against them; undertakings in the consent terms accepted as undertakings to the Court; Court Receiver's Report No. 26 of 2025 disposed of; Receiver discharged without passing of accounts, with the Receiver's costs, charges and expenses borne by the Applicant; destruction of the infringing materials (screens, blocks, dyes, plastic packaging, the impugned bottle shape bearing the 'CLEAR GOLD' marks and the impugned artistic work) as per clause 7 of the consent terms.