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2024 Supreme(Del) 37

PRATHIBA M. SINGH
Allied Blenders @ Distillers Private Limited – Appellant
Versus
Hermes Distillery Private Limited – Respondent


Advocates appeared:
Mr. Pravin Anand, Mr. Shrawan Chopra and Mr. Achyut Tewari Advocates, for the Plaintiff.
Mr. J. Sai Deepak, Mr. N. K. Bhardwaj, Ms. Anju Agrawal, Mr. Bikash Ghorai and Mr. Avinash Kumar Sharma, Advocates, for the Defendant.

JUDGMENT

Prathiba M. Singh, J.

1. This hearing has been held through hybrid mode.

I.A. 4441/2023 (under Section 151 CPC)

2. This is an application moved by the Plaintiff-Allied Blenders seeking to record its change of name from M/s Allied Blenders and Distillers Pvt. Ltd. to Allied Blenders and Distillers Ltd. The Certificate of Incorporation issued under Section 18 of the Companies Act, 2013 on 8th June, 2022 has been attached with the application. For the reasons stated in the application, and no objections from the Defendant, the change of name is allowed.

3. The amended memo of parties is taken on record.

4. Application is disposed of.

I.A. 7301/2021 (u/O. XXXIX Rule 1&2 CPC)

Background

5. The Plaintiff- Allied Blenders and Distillers Private Limited has filed the present suit under Section 134 and 135 of the Trade Marks Act, 1999 seeking an injunction against the Defendant- Hermes Distillery Pvt. Ltd.'s labels.

6. The Plaintiff's case is that it is one of leading manufacturer and sellers of alcoholic beverages under various trademarks, namely, `OFFICER'S CHOICE', `OFFICER'S CHOICE BLUE', `OFFICER'S CHOICE BLACK', `CLASS VODKA', etc. The subject matter of the present suit concerns the Pl















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