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2023 Supreme(Del) 3299

PRATHIBA M. SINGH
Allied Blenders And Distillers Pvt. Ltd. – Appellant
Versus
Ashok Kumar Conducting Activities – Respondent


Advocates appeared:
Mr. Pravin Anand, Mr. Shrawan Chopra & Mr. Achyut Tewari, Advocates, for the Plaintiff.
None, for the Defendant.

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

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