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2012 Supreme(Bom) 1879

ANOOP V.MOHTA
United Spirits Ltd. – Appellant
Versus
Invincible Entertainment Pvt. Ltd. – Respondent


Advocates Appeared:
For the Plaintiff:Venkatesh Dhond, Senior Counsel along with Ashish Kamat, Bharat Shah i/by M/s. Bharat Shah & Co., Advocates.
For the Defendants:D1 to D5, K. S. Patil i/by Mr. Rajesh Srivastav, Sanjay Khandury, Advocates.

Judgment

1. Heard the learned counsel appearing for the parties for ad-interim relief only.

2 The Plaintiff/company is engaged in the business of manufacture, distilling and sale of alcoholic beverages including whisky. The Plaintiff is the third largest manufacturers of spirits products in the world. The Plaintiff is the registered proprietor of the trade-marks “Black Dog” (both words and label). In the market, such whisky, the trade marks/label marks is also known and recognized by the phonetic use of words “Block Dog”. Therefore, the use of the words “Black Dog” in respect of any drink purported to be whisky which is not the Plaintiff's whisky amounts to an infringement of Plaintiff's registered trade-mark.

3 Defendants 1 to 4 are the co-producers of Cinematograph film entitled “Kismat Love Paisa Dilli” (the said film) which, according to the plaintiff, contains disparaging statements about the plaintiff's well known whisky sold under the trade-mark “Black Dog”. The averments are supported by an affidavit and the relevant documents including the relevant clips/copies of slide shows of the promos of the movie which will be releasing in the theatres on 5 October 2012 as promoted a





































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