The main legal point established in the judgment is the recognition of the well-known status of a trademark and the extensive use and promotion of the mark as evidence for granting a permanent injunction against trademark infringement.

VIBHU BAKHRU, J.

1. The plaintiff has filed the present suit inter alia seeking a decree of permanent injunction restraining infringement of trademark and copyright, passing off, dilution, unfair competition, delivery up, etc. against the defendant.

2. On 21.12.2012, this court directed issuance of Summons in the present suit. By the same order, an ex parte ad interim injunction was granted and the defendant, M/s Leo Foods & Beverages, was restrained from manufacturing, selling or distributing any alcoholic beverage bearing the plaintiff’s trademark/label “Officer’s Choice” or from using any other mark deceptively similar to the trademark/label “Officer’s Choice”. Further a Local Commissioner was also appointed to visit the premises of the defendant.

3. Although summons were sent to the defendant, however, the same returned un-served on numerous occasions and the defendant was directed to be served by way of substituted service by an order dated 17.01.2014. In compliance thereof, the citation was published in the newspaper “Andhra Bhoomi”.

4. Despite being served, the defendant did not enter appearance and participate in the present proceedings. Accordingly, by an order dated 29.05.2014, it was proceeded ex parte. By the same order, the interim order dated 21.12.2012 was made absolute.

5. Thereafter, the plaintiff filed an application being I.A. No. 18243/2014 under Order I Rule 10 of the Code of Civil Procedure, 1908 for impleading Mr Surya Rao (being the proprietor of the defendant). Notice was issued to Mr Surya Rao however he could not be served by ordinary process as well; therefore, he was also served by substituted service by publication of citation in the newspaper “The Vaartha”, Hyderabad Edition dated 30.04.2015 and “The Times of India”, Hyderabad Edition dated 08.05.2015. Thereafter, on 21.07.2015, Mr Surya Rao was impleaded as a defendant in his capacity as proprietor of the defendant, M/s Leo Foods & Beverages.

6. Mr S.S. Sanyal (PW1), being the constituted attorney of the plaintiff, has filed an affidavit by way of evidence affirming the averments made in the plaint. PW1 has filed a copy of the power of attorney whereby he was authorized to depose on behalf of the plaintiff as Ex Pw1/1.

7. Briefly stated, the facts that emerge from the affidavit of PW1 are as follows:

7.1 Plaintiff, Allied Blenders & Distillers Private Limited, is a company incorporated under the Companies Act, 1956 and is engaged in the business of manufacturing and marketing alcoholic beverages, including Indian Made Foreign Liquor (IMFL) under brands such as 'Officer's Choice', 'Class Vodka', 'Lord & Master', 'Calypso'. 1000 Guineas', 'Kyron', 'Sumo', 'Jolly Roger', etc..

7.2 It is stated that the present suit has been filed to injunct the defendant from violating plaintiff's rights under the marks 'Officer', 'Officer' formative marks, including “Officer's Choice” and “Officer's Club”.

7.3 It is averred by PW1 that the mark “Officer's Choice” was registered by the predecessor-in-interest of the plaintiff, M/s Cruickshank & Company Ltd. in the year 1988. Thereafter, M/s Cruickshank & Company Ltd. assigned various trademarks, including “Officer's Choice” to M/s BDA Breweries & Distilleries Ltd. by way of a registered deed of assignment dated 26.02.1991(Ex Pw1/34). On 27.01.1992, the name M/s BDA Breweries & Distilleries Ltd. was changed to M/s BDA Ltd. and thereafter to M/s BDA Pvt. Ltd., on 26.12.2005. Pursuant to the change of names as mentioned above, the Registrar of Companies issued fresh certificates of incorporation, which have been exhibited as Ex Pw1/35 and Ex Pw1/36 respectively.

7.4 It is stated that plaintiff's earlier name, M/s Chabbria Marketing Ltd., was changed to M/s Allied Blenders & Distillers Ltd. on 16.04.2007 and further to M/s Allied Blenders & Distillers Pvt. Ltd. on 26.04.2007. PW1 has also placed on record certificates of incorporation issued by the ROC which have been exhibited as Ex Pw1/37 and Ex Pw1/38.

7.5 Thereafter, by