Lawstreet Journal

Trademark ‘Evening Moments’ Deceptively Similar To ‘Magic Moments’: Delhi High Court

Lawstreet Journal 7 Apr 2022 12:35am

Image courtesy: Lawstreet Journal Business Trademark ‘Evening Moments’ Deceptively Similar To ‘Magic Moments’: Delhi High Court

The Delhi High Court has granted ad interim injunction in favour of manufacturer of liquor brand "MAGIC MOMENTS" in a trademark infringement suit against "EVENING MOMENT" mark as being deceptively similar to its registered trademark.

The petition filed by Radico Khaitan Ltd., one of India's top manufacturers and dealers of Indian Made Foreign Liquor (IMFL), with MAGIC MOMENTS as one of its leading products generating significant revenue, was granted by Justice Pratibha M. Singh.

“The case of the Plaintiff is that it is one of the largest manufacturers and sellers of Indian Made Foreign Liquor (IMFL) in India. One of its leading products branded as ‘MAGIC MOMENTS’ has annual sales of more than Rs.1,700/- crores in the year 2019-2020, and cumulative sales of 15 years from 2005 to 2020 of over Rs.11,000/- crores.”

ISSUE  

The grievance in the present suit was that the Defendant No.1 was using the mark ‘EVENING MOMENT’ for whisky manufactured by it. The Defendant No.2 is the proprietor of the impugned trademark ‘EVENING MOMENT’ in Class 33 for alcoholic beverages, though the same was filed on a ‘proposed to be used’ basis.

CONTENTIONS

Mr. Bakhru, ld. Counsel appearing for the Plaintiff, submits that the Defendants were initially not injuncted qua whisky as the Defendants had claimed that they had been using the mark for five years, in view of the registration which was in their favour.

He relies on the fact that the word ‘MOMENTS’ is the essential and dominant feature of the Plaintiff’s… Continue Reading...


Tagged: Trademark   Delhi High Court  
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