Bombay High Court Upholds Trademark Rights of Anheuser Busch Inbev India Ltd. Against Jagpin Breweries

Court Grants Permanent Injunction Against "COX 5000" for Infringing "HAYWARDS 5000" Trademark, Awards Costs of Rs. 10 Lakhs

In a significant ruling, the Bombay High Court has upheld the trademark rights of Anheuser Busch Inbev India Ltd. against Jagpin Breweries Limited, prohibiting the latter from using the mark "COX 5000" for their beer products. The court found that the numeral "5000" is an essential and distinctive feature of Anheuser Busch's registered trademarks "HAYWARDS 5000" and "FIVE THOUSAND," which are well-known in the beer industry since 1983.

Justice Arif S. Doctor, presiding over the case, delivered the judgment on December 8, 2025, decreeing that the defendants, Jagpin Breweries, had infringed upon Anheuser Busch's trademarks. The court also ruled that the defendants were passing off their beer as that of the plaintiff's by using a deceptively similar mark.

Anheuser Busch Inbev India Ltd. successfully argued that their trademarks have acquired substantial goodwill and reputation through continuous use and extensive advertising. Despite multiple opportunities, Jagpin Breweries failed to provide evidence to support their defenses, including claims that the numeral "5000" is common to the trade.

The court granted a permanent injunction restraining Jagpin Breweries from using the "COX 5000" mark or any similar trademark in connection with their beer products. Although Anheuser Busch sought damages of Rs. 5 lakhs, the court denied this claim due to lack of evidence but awarded costs of Rs. 10 lakhs to the plaintiff, considering the defendants' conduct.

The judgment reaffirms the exclusive rights of trademark holders to prevent unauthorized use of distinctive features and underscores the importance of conducting due diligence before adopting a trademark. The decision further consolidates Anheuser Busch's position in the Indian beer market, protecting its established brand identity.

Bottom Line:

Trade Mark infringement - Dominant, essential, and memorable features of a registered trade mark must not be used without authorization. Unauthorized use of the numeral '5000', which is an essential feature of the registered trade mark "HAYWARDS 5000" and "FIVE THOUSAND" in connection with identical goods (beer), amounts to infringement and passing off.

Statutory provision(s): Sections 28, 29, 55, 124 of the Trade Marks Act, 1999

Anheuser Busch Inbev India Ltd. v. Jagpin Brewerise Limited, (Bombay) : Law Finder Doc Id # 2820521