PepsiCo, Inc. v. Jagdamba Foods Pvt. Ltd. And Anr.

IPDATM/210/2023

PepsiCo successfully petitioned the Calcutta High Court for the cancellation of a similar trademark, 'JAY'S,' registered by Jagdamba Foods Pvt. Ltd. The court found that the impugned mark was phonetically identical and deceptively similar to PepsiCo's well-established brand, 'LAY'S.' Given the similarity in goods (snack foods) and the petitioner's immense goodwill, the court ruled that the registration of 'JAY'S' violated the Trademarks Act and must be cancelled.

Jurisdiction
India
Court
Calcutta High Court
Case Number
IPDATM/210/2023
Judge(s)
Ravi Krishan Kapur

Practitioner Note

This case demonstrates the evidentiary and procedural standards applied in trademark matters before Calcutta High Court. Understanding the court's reasoning in PepsiCo, Inc. vs Jagdamba Foods Pvt. Ltd. And Anr. is valuable context for structuring arguments or assessing risk in similar proceedings.

Related Cases

trademarkCivil Appeal No.4233 of 2018 (Arising out of SLP (C) No.25649 of 2017)

Canara BankvsN.G. Subbaraya Setty

This Supreme Court judgment addressed a dispute involving Canara Bank and N.G. Subbaraya Setty concerning the use of the trademark 'Eenadu'. The core legal questions revolved around whether the bank's actions, such as selling agarbathies using the trademark, violated the Banking Regulation Act. Furthermore, the court examined the applicability of res judicata when a prior judgment was based on an assignment deed that was prohibited by law under the Trade Marks Act.

trademarkCS(COMM) 329/2024

Belle Wears Private LimitedvsHobby Garments Private Limited

The Delhi High Court initiated proceedings in the trademark infringement and passing off case filed by Belle Wears Private Limited against Hobby Garments Private Limited. The court formally registered the suit and directed the issuance of summons to the defendant. Crucially, the plaintiff was also granted an interim order allowing notice to be served on the defendant regarding the alleged infringement of the 'TEENAGER' trademark and artistic work, setting the stage for further litigation.

trademarkW.P.(C) 773/2019

Panchhi Petha StorevsUnion Of India & Ors

The Delhi High Court set aside an order passed by the Regional Director which rejected a trademark rectification application. The petitioner argued that the RD exceeded its jurisdiction by making a finding on the ownership of the 'Panchhi' trademark, a matter reserved for IP courts. The court agreed, stating that while the RD can examine name similarity to prevent consumer confusion, it cannot adjudicate disputed questions of trademark ownership between parties involved in ongoing litigation.

trademarkFAO (COMM) 182/2022

Jaskaran SinghvsFlipkart Internet Private Limited

The Delhi High Court addressed an appeal filed by Jaskaran Singh against Flipkart regarding alleged trademark infringement and counterfeiting of goods under the 'ANMEX' brand. The appellant sought an interim injunction to stop unauthorized third parties from selling counterfeit goods on the platform. While acknowledging the severity of the issue, the court disposed of the appeal with a crucial direction: Flipkart must provide the names, addresses, and email IDs of the alleged infringing 'more sellers/latch on sellers' within one week. This move allows the litigation to proceed by identifying the specific parties responsible for the infringement.

trademarkC.O. (COMM.IPD-TM) 255/2021 & C.O. (COMM.IPD-TM) 144/2022

Bennet, Coleman And Company LimitedvsFashion One Television Llc and The Registrar of Trademarks

The Delhi High Court ruled in favor of Bennet, Coleman And Company Limited, quashing the trademark registrations held by Fashion One Television Llc. The court found that the respondent's mark infringed upon the petitioner's established 'NOW'-centric family of marks (such as TIMES NOW and ET NOW) because both operate within the same Class 38 for broadcasting services. The judgment emphasized that a viewer would likely associate the impugned mark with the petitioner’s repertoire, establishing a subsisting interest in the common element 'NOW'.

Arctic Invent — IP Strategy

Facing a trademark dispute?

Arctic's TM litigation team handles ~120 trademark matters per year across India, EU, and UK. From oppositions to infringement actions, we build winning arguments from precedent.

Talk to our TM team →

Disclaimer: This page contains an automated summary based on publicly available judicial records. The content is generated for informational purposes only and does not constitute legal advice. Always verify details against the original source judgment before relying on this information for any legal purpose. If you believe any information is inaccurate, please contact us.

Strategy Consult

Facing a similar trademark matter?

Arctic's litigation team uses precedent data like this to build winning arguments.

Get a Strategy Call