The court affirmed the necessity to protect unique visual designs, emphasizing the significant visual impression in establishing design infringement regardless of minor differences, thereby granting an injunction.

JUDGMENT

I.A. 2608/2021 (application by Plaintiffs under Order XXXIX Rule 1 & 2 of the Code of Civil Procedure, 1908) & I.A. 4231/2021 (application by Defendant under Order XXXIX Rule 4 of the Code of Civil Procedure, 1908)

1. The Plaintiffs who claim to have spent millions to develop a "new" 180 ml liquor bottle design - marketed as the "Hipster bottle" - are aggrieved with its lock, stock and barrel copying by the Defendant; who, on the other hand, labels both the Plaintiffs and itself as pirates, sailing in the same high seas of prior art(s).

I. BRIEF FACTS

2. Plaintiffs are part of the Diageo group of companies, involved in the business of manufacturing, selling, distributing and marketing of inter alia alcoholic beverages. Plaintiff No. 1 [Diageo Brands B.V.] is the proprietor of the marks `Vat 69' and `Black & White', including their formative marks, logos, device marks, labels and trade dress. Plaintiff No. 2 [United Spirits Ltd.] is the Indian distributor of Plaintiff No. 1's brands viz. `Vat 69' and `Black & White', and also manufactures, sells, distributes and markets its own brand i.e., `Black Dog', being the proprietor of its formative marks, logos, device marks, labels and the trade dress.

3. Plaintiff No. 1 is the proprietor of the Plaintiffs' Registered Design bearing No. 306577 [hereinafter, "Plaintiffs' Registered Design"] under the Designs Act, 2000 [hereinafter, "Designs Act"] in respect of the bottle design known as "Hipster" in India, and "Pocket Scotch" globally.

4. Plaintiffs also claim common law rights in the trade dress and get up of the Hipster bottle for the products `Black Dog (Black Reserve)', `Black Dog (Golden Reserve)', `Vat 69', and `Black & White' Hipster [hereinafter, "the Hipster" or the "Plaintiffs' Bottles"]. Plaintiffs assert that the cumulative combination of unique, distinctive, and non-functional visual features such as shape, manner of depiction of text and label, indentations and embellishments result in a distinctive trade dress and acts as a source identifier.

5. The Hipster bottles were launched by Plaintiff No. 1 in over 180 countries in 2018, and in India in May, 2019, and met with instantaneous success.

6. Defendant is the manufacturer of alcohol through its principal brand `GOA', which was first adopted in 1999, with variants such as `GOA GOLD' and `GOA SPIRIT OF SMOOTHNESS'. The brand `GOA GOLD' is stated to enjoy more than