ORDER

Prathiba M. Singh, J. (Oral). - This hearing has been done through hybrid mode.

I.A.4356/2021 (for stay)

2. The present injunction application has been filed seeking ad interim injunction in respect of the use of the mark 'EVENING MOMENT' by the Defendants, which is deceptively similar to the Plaintiffs mark 'MAGIC MOMENTS' registered in Class 33 for alcoholic beverages.

3. 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. 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, vide Trademark Application No.3644751, though the same was filed on a 'proposed to be used' basis.

4. The suit was listed for the first time on 22nd March, 2021. On the said date, the Court had granted an ex parte ad-interim injunction