New Delhi, May 11 (LAB) The Delhi High Court recently awarded Starbucks Corporation compensation of Rs 2 lakh and Rs 9 lakh cash in a case of trademark infringement suit where registered trademark ‘frappuccino’ was used by another company
Starbuck Corporation was looking forward to a permanent injunction so that the defendant cannot use FRAPPUCCINO trademark of the company.
Justice Jyoti Singh said that the Teaquilla A Fashion Cafe (Defendants) was guilty of infringement and directed to pay damages to the tune of Rs.2,00,000 , and also Rs 9,60,000 including the fee of the lawyer and court. The case was filed by Starbucks Corporation against one Teaquilla A Fashion Cafe, for using its registered trademark “FRAPPUCCINO” either alone or with a prefix or suffix to confuse people.
Starbucks in its petition had pleaded that FRAPPUCCINO is a well-known trademark under section 2(1)(zg) of the Trade Marks Act, 1999, on account of extensive use, global presence, and trademark registrations in foreign jurisdictions and in India. It further said that FRAPPUCCINO is an important product of the Starbucks family and protecting the copyright was the need of the hour.
The court observed that Starbucks has been selling this product around the globe with this name and usage of this was an infringement of their Trademark./LAB/SNG/
The cause that triggered the filing of the suit was the information that the Plaintiff received in November 2018 that Defendant No.2 was operating a cafe or restaurant under the name ‘Cafe TeaQuila– A Fashion Cafe’, wherein Defendant No.1 was selling beverages under the name ‘BUTTER SCOTCH FRAPPUCCINO’ and ‘HAZEL NUT FRAPPUCCINO’, without Plaintiff’s permission, authorization or license