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IN THE HIGH COURT OF DELHI AT NEW DELHI
TUSHAR RAO GEDELA
Allied Blenders And Distillers Limited – Appellant
Versus
Batra Breweries And Distilleries Private Limited – Respondent
| Table of Content |
|---|
| 1. application for summary judgment. (Para 1 , 17 , 27 , 28) |
| 2. procedural history of the case. (Para 2 , 12 , 13 , 14 , 16 , 19) |
| 3. trademark ownership and reputation. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 21 , 22) |
| 4. court's analysis on default. (Para 11 , 15 , 18 , 20) |
| 5. conclusion and decree. (Para 30 , 31 , 32) |
JUDGMENT :
TUSHAR RAO GEDELA, J.
I.A. 8813/2025 (Application for Summary Judgement under Order XIIIA Rules 3 & 6(1)(a) read with Section 151 of Code of Civil Procedure, 1908)
1. This is an application filed on behalf of the plaintiff under Order XIIIA, Rules 3 and 6(1)(a) of the Commercial Courts Act, 2015 (“CC Act”) read with Section 151 of the Code of Civil Procedure, 1908 (“CPC”), seeking a summary judgement.
2. The plaintiff has filed the present suit for a decree of permanent injunction restraining the defendants from infringement of its registered trademarks “Officer’s Choice”, “Officer’s Choice Blue” and “Choice” and for other ancillary reliefs of passing off, damages, rendition of accounts, delivery up and costs.
3. The facts as stated in the plaint are that the plaintiff is the owner of the trademark “Officer’s Choice’’, which was coined and adopted in 1
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....
Important Point :The use of a trademark that is phonetically and visually similar to a registered trademark can lead to confusion, constituting infringement, especially when dishonest conduct is evid....
The main legal point established in the judgment is the protection of trademarks, the likelihood of confusion or deception arising from the similarity of marks, and the prima facie case of infringeme....
The court emphasized the importance of disclosing material facts and prior use of trademarks in obtaining injunction orders.
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