The order follows a complaint filed by PepsiCo Inc against Pepsi Footwear and RD Cables which had been using and selling its industrial cables under the Pepsi brand name.

In an ex-parte order, the court has stopped both the companies as well as their proprietors/partners or family members from using the Pepsi trade mark as well as logo in any manner whatsoever or from tarnishing the image of the trade mark/logo of Pepsi till the next hearing.

The court has also appointed a local commisioner to see that both the companies do not sell the products already manufactured. The court has said that the local commissioner should make an inventory of the products bearing the Pepsi brand, which may be allowed to be retained by the companies.

However, the local commissioner should takeinto custody visiting cards, price lists, pamphlets, brochures, posters and bill books bearing the Pepsi trade mark and logo.

This will be, perhaps, the first time that companies manufacturing products such as footwear and industrial cables have been restrained from using the Pepsi trade mark and logo.

Pepsi sources told The Financial Express that the company filed the case before the Delhi high court to protect its trade mark and logo which enjoy considerable brand equity. ``The company spends a huge amount on advertisements and for creating publicity about its trade marks and logos. The company spent close to Rs 500 crore between 1997 and 1999 on this account,'' Pepsi sources said.

There have been repeated advertisements in the media about Pepsi being the registered trade mark of PepsiCo and that no other company should misuse the trade mark to gain mileage, sources added.

The court order states: ``There is no doubt that Pepsi has become a household name and therefore, the adoption of thisname by the two companies (defendants) is obviously mala fide and with the intention of passing off their products as that of Pepsi.''

According to industry officials, there have been several instances when small manufacturers have misused the brand name or logo of established players -- which spend a huge amount on building brand equity -- to sell their products. To counter this threat of brand misuse, big companies often have a separate division, comprising trade-mark investigators, which ensure that the brand name is not misused.