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PRATHIBA M. SINGH
Allied Blenders And Distillers Pvt. Ltd. – Appellant
Versus
Ashok Kumar Conducting Activities – Respondent
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.
2. The present suit was filed by the Plaintiff-M/s Allied Blenders and Distillers Pvt. Ltd. seeking injunction against unauthorized use of the mark "OFFICER'S CHOICE", the bottle, the label and the product itself in a Facebook page by the Defendant-Ashok Kumar.
3. The Court had perused the said Facebook page and had passed the following order dated 14th February, 2022.
"19. The plaintiff is the registered proprietor of the mark "Officer's Choice" since 1988. Furthermore, the mark "Officer's Choice" has been declared as a "well known trade mark" by this Court vide judgment dated 16th January, 2017 in CS (COMM) 1227/2016 titled Allied Blenders and Distillers Pvt. Ltd. Vs. Surya Rao Trading as Leo Foods & Beverages.
20. On 9th February, 2022, the plaintiffs representative came across the impugned web page on Facebook being https://www.facebook.com/officerchoice1, which contains obscene, vulgar and derogatory social media posts and which page has dishonestly adopted the mark [IMG] the image [IMG] the name "Officer's Choice" and the description "@officerchoicel. Wine/Spirits".
21. Issue notice to the
The court granted a permanent injunction in favor of the plaintiff for trademark infringement, recognizing 'Officer’s Choice' as a well-known mark and emphasizing the irreparable harm from the defend....
The court established that overall similarity in trade dress can lead to consumer confusion, warranting an injunction against the use of a similar label.
The main legal point established in the judgment is the recognition and protection of well-known trade marks under the Trade Marks Act, 1999, and the court's application of legal principles to establ....
Registered trademark owners are entitled to prevent unauthorized use that is likely to confuse consumers, establishing a right to seek injunction and damages for infringement and passing off.
Deceptive similarity of trademarks and the dominant feature of a mark in determining trademark infringement.
The court found that despite phonetic similarity, the distinctiveness of trade marks and differences in intended consumer bases negate the likelihood of confusion and passing off.
Marks are considered deceptively similar if they share essential features likely to cause consumer confusion; a prima facie case for infringement justifies an injunction.
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