JUDGMENT

1. This judgment disposes of IA 2821/2021, preferred by the plaintiff, seeking interim injunction against the defendant.

Facts

2. The plaintiff alleges that the defendant's mark "CASINOS PRIDE", the label of the defendant, the design of the bottle in which the defendant sells its product and the package in which the bottle is packed all infringe the plaintiff's registered trademarks.

3. The allegedly infringing product of the defendant, and the package in which it is packed and sold, are the following:

Product	Package

4. Two products of the plaintiff are subject matter of the present proceedings. Both are IMFL. They are "BLENDERS PRIDE" and "IMPERIAL BLUE". Admittedly, the products of the plaintiff and the defendant belong to the same segment i.e. Indian Made Foreign Miquor (IMFL) and, therefore, cater to the same customer base. They are also, therefore, available from the same outlets.

5. The plaintiff also alleges that the defendant is seeking to pass off its goods as those of the plaintiff or as associated with the plaintiff and its business.

6. The marks that the plaintiff asserts, in this plaint, may be referred to as (i) the BLENDERS PRIDE marks, and (ii) the IMPERIAL BLUE marks, for convenience.

7. Specifically, the registered trade marks of the plaintiff, which the defendant is alleged to have infringed are the following:

(i) BLENDERS PRIDE mark - the word mark "BLENDERS PRIDE" registered on 25th March, 1994 and valid till 25th March, 2024, under Class 34 (Wines, Spirits and Liqueurs) and

(ii) IMPERIAL BLUE marks:

Sl. No.	Trade Mark	Registration No. & Date	Class & Goods Description	Valid till
1		1682732 01.05.2008	33 Whisky	01.05.2008
2		2471714 04.02.2013	33 Alcoholic beverages including whiskies, spirits, brandies, aperitifs, cider and liquerurs'	04.02.2023
3		3327621 03.08.2016	33 Alcoholic beverages (except beers)	03.08.2026
4		3296387 28.06.2016	33 Alcoholic beverages (except beers)	28.06.2026
5		4493973 30.04.2020	33 Alcoholic beverages (except beers)	30.04.2030
6		3263961 19.05.2016	33 Alcoholic beverages (except beers)	19.05.2026

8. The plaintiff asserts that it has been using the "BLENDERS PRIDE" mark since 1995 and the "IMPERIAL BLUE" marks since 1997. As against this, it is an admitted position that the defendant is using the impugned "CASINOS PRIDE" mark only since 2nd August, 2017. Priority of user of the plaintiff is not, therefore, an issue in controversy in the present case.

9. The defendant also applied for registration of the following mark under Class 33:

Registration, as sought by the defendant, has not been granted, as the defendant's application has been opposed by the plaintiff.

10. One of the protestations of the plaintiff, in the present plaint, is that the package, in which the defendant is marketing its product, uses a blue background. This, according to the plaintiff, is a deliberate departure from the mark which the defendant sought to register (which has a black background), so as to achieve proximity between the defendant's mark and the plaintiff's registered trademarks. The defendant, thus alleges the plaintiff, wants to "come as close" to the plaintiff's mark as possible.

11. According to the plaintiff, the mark "BLENDERS PRIDE" was coined and adopted by the plaintiff's predecessors in 1973. It is claimed that the mark was initially registered in favour of Seagram, Canada in the same year, whereafter it passed various hands till, under Deed of Assignment dated 27th June, 2018, the plaintiff succeeded the proprietorship of the mark. In India, it is claimed that, IMFL has been sold by the plaintiff's predecessors since 1995.

12. The plaintiff also claims to have succeeded to proprietorship over the "IMPERIAL BLUE" mark vide the Assignment Deed dated 27th June, 2018 already cited supra. IMFL (Whisky), it is claimed, is being sold in India under the "IMPERIAL BLUE" mark since 1997.

13. The defendant has not disputed the proprietorship of the plaintiff over the marks that it seeks to assert.

14. As is custom