ELIPE DHARMA RAO, R.SUBBIAH
Rhizome Distilleries Pvt. Ltd. – Appellant
Versus
Union of India, rep. by its Secretary, Department of Industrial Policy & Promotion, Ministry of Industry & Commerce, Government of India, Udyog Bhavan, New Delhi – Respondent
R. SUBBIAH, J.
1. This writ petition has been filed to quash the order dated 24.12.2010 passed by the 2nd respondent/ Intellectual Property Appellate Board, directing the 3rd respondent, the Registrar of Trade Marks, to remove the writ petitioner's trade mark 'IMPERIAL GOLD', registered under No.116168 in Class 33 from the Register of Trade Marks, in the application filed by the 4th respondent herein under sections 11(1), 11(3), 11(10), 18 and 57 of the Trade Marks Act, 1999 and Rule 2 of the Trade Marks (Applications and Appeals to the Intellectual Property Appellate Board) Rules, 2003.
2. The brief facts, which are culled out from the materials available on record to decide the issue involved in the writ petition are as follows:
The 4th respondent is a company incorporated under the laws of France, having their registered office at Paris, France and they are the ultimate holding company of various entities, all engaged in the business of manufacturing and/or distribution of wines, liquors and spirits. The 4th respondent company features as one of the two leading players of the world in the spirits and wine market and is number one player outside United States of Amer
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