TRADEMARK INFRINGEMENT: “CORONA” AND “BUDWEISER” IN BAD TASTE

In the pre-Covid era, the word “CORONA” was associated only with beer but during the Pandemic, the “CORONA VIRUS” led to a multi-fold use of the word “CORONA” even in relation to trademarks for various healthcare products, especially in the pharmaceutical industry. However, in the case of Cerveceria Modelo Demexico & Ors. v. The Origin Ventures & Ors., the international brewery successfully attempted to reinforce its intellectual property rights.

In this case, the Delhi High Court restrained the Defendants from using the marks/logos “CORONA” and “BUDWEISER” or any other mark similar to the Plaintiffs’. The Plaintiffs claimed that they are the World’s largest brewing group of companies and are the leading brewers and owners of the global brands “CORONA” and “BUDWEISER”. They further alleged that the Defendant was engaged in trademark infringement as well as product disparagement which was tarnishing their brand’s goodwill and reputation. The Plaintiffs stated that the Defendants were using their get up, logo, trademarks, font, etc., in relation to clothing products. The Plaintiffs thus prayed for an interim injunction to restrain the Defendants from selling, offering for sale, marketing, displaying, in any manner whatsoever including offering their products for sale on any third party e-commerce websites, their impugned products bearing the Plaintiff’s registered trademarks, logos and or labels,

Accordingly, the Court stated, “It is amply clear from the documents and the reproduction in the plaint that the defendants have been using the name "CORONA" and "BUDWEISER" in a manner that resembles the registered trademarks, logo and labels of the plaintiffs, while at the same time, disparaging the same, and is clearly in very bad taste. The plaintiffs being owners of established and well-known brands have clearly disclosed a prima facie case. Their reputation is being tarnished by the defendants and they will suffer irreparable loss and injury if the defendants are not restrained from continuing with their action.”