BUDWEISER Case: Sale of any product with recycled bottles of another manufacturer results in infringement

Anheuser-Busch LLC Vs. Mr. Surjeet Lal & Anr. (Delhi High Court) High Court held that sale of any product with the recycled bottles of another manufacturer would result in infringement and passing off. Though the bottle itself may be a genuine bottle which may have been put by the Plaintiff originally in the market, after the contents are consumed and the bottle reaches the recycling cycle, the Defendant’s use of such bottles which have the Plaintiff’s trade mark embossed on them would cause confusion as to its source. However, in view of the fact that the Defendant has candidly made a...