Societe Anonyme Des Eaux ... vs Evian
1992 Latest Caselaw 455 Del

JUDGMENT

S.C. Jain, J.

(1) In this suit Filed by the plaintiff for a decree of permanent injunction seeking to restrain the defendant from manufacturing, selling, offering for sale. directly or indirectly dealing in fruit NNbeverages, concentrates of fruits and dehydrated fruits under the trade mark EVIAN'S Trupti or under any other trade mark that contains the plaintiffs mark Evian or under any other deceptively similar mark and/or from using the trading style Evian (India) or any other trading style that contains the plaintiff's mark Evian or any other deceptively similar word or from doing any other thing as is likely to pass off the defendant's goods or business as the goods or business of the plaintiff. Relief of 2939/89 rendition of accounts has not been pressed now.

(2) In brief the facts are that the plaintiff Society came into existence in 1859 and it developed its business around the Cachet Spring at Evian by bottling and marketing of Evian mineral water and organising health cures consisting in drinking the Evian waters on the spot. Apart from bottling and selling of Evian mineral water, the plaintiff bottles and sells soft drinks such as fruit juices, sodas and fruit based drinks. The plaintiff also sells Evian mineral water conditioned in spray cans for cosmetic use and runs a health centre. The plaintiff's goods bearing the trade mark Evian have been sold in India as far back as in 1981 to various dealers. The plaintiff is the registered proprietor of the trade mark Evian in respect of goods falling in international class 32 or equivalent classes in various countries of the world.

(3) The trade mark Evian has acquired an excellent reputation and goodwill, the world over, on account of the high quality of the plaintiffs products and extensive advertising in the printed and audio visual media. The said reputation and goodwill extends to India on account of the sale of plaintiffs products under the trade mark Evian in India and on account of spill over advertising and tourist travel. Thus, the consuming public and traders in India identify, recognise and associate the trade mark Evian with the plaintiffs products exclusively. The trade mark Evian has acquired such a high degree of distinctiveness that it has been registered in several countries of the world including United Kingdom.

(4) The defendant M/S. Evian (India) is a partnership firm. The defendant has applied for the registration of the trade mark EVIAN'S Trupti and the application has appeared in the Trade Marks Journal dated 16.6.1989. The adoption end use of the trade mark Evian either as a part of the defendant's trade mark EVIAN'S Trupti or as a part of the defendant's trading style Evian (India) is unauthorised as no permission, consent or license has been sought from the plaintiff.

(5) The adoption of the trade mark EVIAN'S Trupti or the trade name Evian (India) by the defendant in relation to fruit beverages and concentrate of fruits and dehydrated fruits amounts to a Miserere sentation made in the course of trade to prospective customers or to ultimate consumers of the defendant's goods which is calculated to injure and likely to cause immense damage to the business or goodwill of the plaintiff. The use of a mark/name of which the trade mark Evian forms an essential feature in relation to identical goods namely bottled beverages by the defendant amounts to passing off the defendant's goods or business as the goods or business of the plaintiff.

(6) That the defendant though served did not make any appearance and hence ex parte proceedings were taken against them on 16.2.1990. In the ex parte evidence Mr B. Germain Thomas, and Mr. F.Riboud Directors of the plaintiff Filed their affidavits in support of the averments made in the plaint.

(7) As there is no opposition to the suit, believing the ex parte evidence as correct, I hereby pass a decree of permanent injunction in favor of the plaintiff and against the defendant restraining the defendant from manufacturing, selling, offering for sale, directly or indirectly dealing in fruit beverages, concentrates of fruits and dehydrated fruits under the trade mark EVIAN'S Trupti or under any other trade mark that contains the plaintiffs mark Evian or under any other deceptively similar mark and/or from using the trading style Evian (India) or any other trading style that contains the plaintiffs mark Evian or any other deceptively similar word or from doing any other thing as is likely to pass off the defendant's goods or business as the goods or business of the plaintiff.

(8) No other relief has been pressed or claimed. There will be no order as to costs. Decree sheet be prepared accordingly.