Pepsi Co Inc v. Hindustan Coca Cola Ltd. 2003(27) PTC 305 (DEL)

Introduction 

• This case deals with copyright and trademark infringement in an advertisement. 

Facts 

• In this case, the petitioner filed an application against the respondent for infringing its copyright and trademark. 
• It was contended that the advertisement made by the respondent was degrading for the plaintiff and therefore infringing its trademark in regard to its trademark ‘PEPSI’, ‘GLOBE DEVICE’ and “ye dil mange more.” 
• It was also contended that the commercial of plaintiff having use of rollercoaster has been copied by the respondent which is infringement of its copyright. 
• An application for interim injunction has been filed by the petitioner for the same. 

Issues Involved 

• Whether the commercial leads to degradation of petitioner’s products? 
• Whether using ‘GLOBE DEVICE’ and phrase ‘Ye dil mange no more’ is an infringement of copyright as per section 29(1) of the Copyright Act? 
• Whether use of rollercoaster is an infringement by the respondent? 

Observations 

• The Delhi High Court considered the factors amounting to degradation of petitioner’s products. 
  • Intention of respondent and the way commercial was conducted was considered by the court. 
  • It was observed that respondent called “PEPSI” as “PEPPI” and also said some derogatory comments to uplift his own brand “THUMBS UP.” 
• The court observed that trademark ‘PEPSI’, ‘GLOBE DEVICE’ and “ye dil mange more” are copyrightable as they have acquired distinctiveness and petitioner has spent heavy amount for their publicity and advertisement. 
• However, the court further added that use of color combination and the phrase Ye dil mange no more is not an infringement as per section 29(1) of the Copyright Act, 1956. 
  • The court held that comparative advertisements are allowed in India and such use of phrases is not an infringement. 
• It was further stated by the court that use of roller coaster in the commercial by respondent shall be covered under section 14 of Copyright Act, 1956. 

Conclusion 

• The Delhi High Court, after referring to the provisions of the acts concluded that respondent has degraded the product of petitioner and also, held that the trademark ‘GLOBE DEVICE’ and “ye dil mange more” are copyrightable but is not an infringement as per section 29(1) of the Copyright Act,1956.