New Delhi, July 11: Leading beer manufacturer Shaw Wallace has heaved a sigh of relief as the Delhi High Court through an interim order protected its popular brands bearing numeral '5000' from being plagiarised by lesser known alcoholic beverage producers. Justice Pradeep Nandrajog in a recent order confirmed the ex-parte ad interim injunction restraining the Delhi based Superior Industries Ltd (SIL) from using the numerical "5000" to market its beer on the allegation by Shaw Wallace that the rival had infringed their popular trade mark "Haywards 5000 Super Strong Beer".

Shaw Wallace counsel Manmohan Singh had alleged that the adoption of the figure "5000" and imitation of other similar features of "Haywards 5000 Super Strong Beer" by the rival beverage company for its beer "Superior 5000" amount to infringement of trade mark.
Senior advocate A S Chandhiok, appearing for the SIL had contended that the numeral "5000" lies in the public domain and it could be used by any person in conjunction with any mark and Shaw Wallace have no right to appropriate it.
However, the court made it clear that as per section 2(1)(J) which defines "Mark" under the Trade and Merchandise Act, it could not be said the Shaw Wallace could have no right in the exclusive use of the numeral "5000" for their beer. Bureau Report