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1994 Supreme(Bom) 82

A.P.SHAH
Carew Phipson Ltd. . – Appellant
Versus
Deejay Distilleries Pvt. Ltd. – Respondent


JUDGMENT - A.P. SHAH, J.:-In an action for passing off and for infringement of copyright, the plaintiffs have filed the present Notice of Motion for interim reliefs. Briefly, the facts giving rise to the controversy are as follows :-

2. The plaintiffs are manufacturers of and distribute spirituous liquors such as gin, whisky, brandy and other liquor and alcoholic preparations. The defendants are also manufacturers of and blenders and bottlers of and market Gin and other liquor and alcoholic preparations. The plaintiffs claim that they were the first in the field to come out with the concept and idea to manufacture an alcoholic preparation being a premixture of gin and lime. The plaintiffs then got prepared an original artistic work with the intention of it being applied to the bottle label for the said preparation. The trade mark which was given to this preparation was the word "DUET" as also the trade mark "GIN N LIME". The plaintiffs also filed application for registration of their trade mark "DUET GIN N LIME" and the said application is pending. The plaintiffs have also introduced a preparation being a premix of Gin and Orange called "TANGO GIN N ORANGE". This preparation is so














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