Court holds defendant's new bottle design infringes on Coca-Cola's trademark rights, granting interim relief to the plaintiff under Order XXXIX Rule 2A CPC
In a significant ruling on intellectual property rights, the Delhi High Court on October 6, 2026, restrained M/s Chhabee Nutricos Industries LLP from using a newly adopted bottle shape found prima facie deceptively similar to the registered distinctive bottle device of The Coca-Cola Company. The bench of Mr. Justice Vikas Mahajan passed the interim order on an application filed by Coca-Cola alleging willful disobedience of an earlier injunction dated January 24, 2025.
The earlier injunction restrained the defendant from manufacturing, marketing, or selling products bearing marks, labels, or bottle shapes identical or similar to Coca-Cola's "PULPY ORANGE" mark, label, and the registered distinctive bottle device. Despite complying initially, Coca-Cola alleged that the defendant attempted to circumvent the order by introducing a slightly altered bottle shape that retained the overall deceptive similarity to the plaintiff's design.
The court noted that the new bottle shape featured a dome-like shoulder and upper body, an identical groove between the upper dome and the lower half, a cylindrical body with symmetrical recesses, and horizontal grooves at the base - all strikingly similar to Coca-Cola's registered bottle device. Upon examining the pictorial comparison submitted by the plaintiff, the court was prima facie convinced that the defendant's new bottle design was deceptively similar.
Rejecting the defendant's attempt to evade the earlier order, the court restrained the defendant from using the impugned new bottle shape pending the next hearing and directed the filing of a reply by the defendant within three weeks. The matter is slated for further hearing on January 19, 2027.
This order underscores the vigilance of Indian courts in protecting trademark rights and trade dress to prevent consumer confusion and unfair competition. It also highlights the efficacy of interim relief under Order XXXIX Rule 2A of the Civil Procedure Code to curb infringement at an early stage.
Bottom Line:
Intellectual Property - Trademark/Trade dress - In an application under Order XXXIX Rule 2A CPC alleging wilful disobedience of an earlier injunction, the Court held prima facie that the defendant's newly adopted bottle shape was deceptively similar to the plaintiff's registered distinctive bottle device and restrained further use of the impugned new shape bottle till the next date.
Statutory provision(s):
Civil Procedure Code, 1908 Order XXXIX Rule 2A, Section 151
Coca-Cola Company v. M/s Chhabee Nutricos Industries LLP, (Delhi) : Law Finder Doc Id # 2994157
