PEPSICO INC Vs. SUNRISE BEVERAGES
HIGH COURT OF DELHI
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Sanjay Kishan Kaul, J. -
(1.) Sanjay Kishan Kaul, J. The plaintiff No. 1 is a Corporation existing under the laws of North Carolina, USA while plaintiff No. 2 is a subsidiary of plaintiff No. 1 Plaintiff No. 3 is a Company incorporated and registered under the Indian laws.
(2.) The plaintiffs have filed the present suit against the defendant on account of infringement of their trademark 7UP/SEVEN-UP for the aerated drinks. The plaintiffs are selling aerated drinks under different brand names and 7UP/SEVEN-UP is one such trademark which is stated to be in existence for soft drinks since 1929.
(3.) It is the case of the plaintiffs that except for a period between 1962-1986, when there were restrictions on sale of such beverages, there has been continuous use of the trademark. In any case since 1990, there is no dispute about the use of the trademark. The sales figures have been set out in para 10 of the plaint and the particulars of registrations of the mark are in para 11.;
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